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 II

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 1 1 , 1988 through February 24, 1988. Volume I1 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 II
1988 Atlanta, Ga.

THURSDAY, FEBRUARY 25, 1988

1605

Representative Hall, Atlanta, Georgia Thursday, February 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 Atkins Bailey Balkcom Bannister Bargeron
Barnett.B Barnett.M Beck Benefield
Benn
Birdsong Bishop Bostick Branch Brooks Brown Buck Byid Carrell Chambless Chance Cheeks Childers Clark.B Clark.H

Clark,L Colbert
Coleman Connell Couch
Cox Crawford
Crosby
Cummings.B Davis.G Dixon
Dobbs Dover Edwards Felton Floyd Foster Galer Godbee 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 Lane.D Lane,R Langford Lawler Lawrence Lawson Lee Linder Long Lord Lucas
Lupton Mangum Martin
McCoy McDonald McKelvey McKinney Meadows
Mobley Moody Moore

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

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

Prayer was offered by the Reverend S. Carter Berkeley, Pastor, First United Methodist Church, Perry, 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.

1606

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

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

HB 1890. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1891. 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 consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1892. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facilities Authority, so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1893. By Representatives Wilder of the 21st, Gresham of the 21st, Ricketson of the 82nd, Moore of the 139th, Coleman of the 118th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to add a new Code section authorizing the establishment of individual medical accounts, to provide for a short title and definitions; to specify who may establish and contribute to such accounts and provide conditions and limitations thereon.
Referred to the Committee on Ways & Means.

HB 1894. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 25, 1988

1607

HB 1895. By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1896. By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1897. By Representative Redding of the 50th:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to limit the percentage fee charged by check-cashing establishments; to provide for exceptions.
Referred to the Committee on Banks and Banking.

HB 1898. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Registrations and Elections of Fannin County, so as to authorize the board to hire clerical help; to provide that such additional assistant clerks may be appointed as deputy registrars.
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 1880 HB 1881 HB 1882

HR 903 HR 904 HR 905

!4
XHlBD 11O88854 HB 1886 HB 1887 HB 1888 HB 1889

SB 538
<jr> TM ,-nn bB M2 SB 647 SB 648 SR 396

Representative Patten of the 149th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 625 Do Pass

1608

JOURNAL OF THE HOUSE,

Respectfully submitted, /a/ 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 575 Do Pass, by Substitute
Respectfully submitted, lal Watson of the 114th
Chairman

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

Mr. Speaker:

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

HR 754 Do Pass HR 896 Do Pass

HR 897 Do Pass HR 905 Do Pass

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

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1777 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:

THURSDAY, FEBRUARY 25, 1988

1609

HB 1787 Do Pass HB 1780 Do Pass, by Substitute HB 1819 Do Pass HB 1820 Do Pass HB 1821 Do Pass HB 1836 Do Pass, by Substitute HB 1845 Do Pass

HB 1849 Do Pass HB 1866 Do Pass HB 1867 Do Pass HB 1873 Do Pass, as Amended HB 1874 Do Pass SB 652 Do Pass, as Amended
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 25, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 33rd Legislative Day as enumerated below:
HB 337 State Board of Equalization: Abolish HB 503 Hazardous Substances: Disclosure to State Employees: Regulate HB 1001 Budget Act: Define Appropriation HB 1222 Municipalities: Counties Assume Corporate Powers: Charter HB 1240 Teachers: Unused Sick Leave HB 1292 Evidence: Subpoenas: Enforcement by Attachment for Contempt HB 1438 Appeals: Board of Worker's Comp.: Certain Decisions HB 1548 Highways: Transporting Portable Buildings: Permits HB 1561 Crimes: Conversion of Certain Leased Property: Penalty Limits HB 1615 Criminal Procedure: Disposition of Seized Property HB 1689 Corrections, Dept. of: New Confinement Facilities: Notice HB 1714 Teachers: Application for Certification: Fee HB 1717 Probation: Transfer From One Judicial Circuit to Another HB 1743 Emergency Vehicles: Blue Lights: Permit HB 1785 County Taxes: Purchase of Food For School Lunches HB 1794 Oysters/Clams: Repeal Mandatory Closed Seasons HB 1846 Board of Medical Examiners: Attend Seminar: Lie.: Requirements HB 1848 Alcoholic Beverages: Sunday Sales: Certain Areas HB 1851 Underground Storage Tanks: Regulations HB 1872 General Assembly: Population Bills: Definition
HR 587 State Housing Trust Fund: Provide-CA HR 665 State Board of Education: Membership: CA
SR 270 Comm. of Education: Establish & Appoint by St. Bd. of Ed. - CA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

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

1610

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), so as to reconstitute the membership of the library board of trustees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), is amended by striking Section 4 and inserting in its place a new section to read as follows:
"Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within the above-mentioned portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. The members of the current library board of trustees in office at the time of the effective date of this section shall remain members of the library board of trustees and shall serve in that capacity through midnight June 30, 1988. Commencing July 1, 1988, the composition of the library board of trustees shall be as hereinafter provided in this section.
(b) The mayor of the City of Atlanta or his designee shall serve on the library board of trustees in an ex officio capacity. One member of the Atlanta City Council shall be elected by the city council to serve as a regular member on the library board of trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the library board of trustees in an ex officio capacity; and the board of commissioners shall elect one member from their board to serve as a regular member of the library board of trustees. The members elected by the city council and the board of commissioners pursuant to this subsection shall serve for a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of the term of each such member.
(c) The Board of Commissioners of Fulton County shall appoint six members of such library board of trustees, and of such membership one member shall be a resident of a municipality from the north Fulton area, one member shall be a resident of a municipality from the south Fulton area, one member shall be a resident from the special tax district of the unincorporated area, and three members shall be residents of the City of Atlanta. The Chairman of the Fulton County Board of Commissioners shall appoint a seventh member, who shall be a resident of any area of Fulton County. Each of the three members from designated areas of the county as stated above shall serve a term of four years; provided that the term shall expire at midnight on June 30 of the fourth year of such member's term. All such members shall be appointed on or before July 1, 1988, except that the three members from the City of Atlanta and the member appointed by the Chairman of the Fulton County Board of Commissioners appointed under prior law for terms to expire June 30, 1990, shall serve out the terms for which they were selected and such members shall not be appointed in 1988 but shall be appointed in 1990.
(d) On or before July 1, 1988, the board of trustees shall nominate two persons to fill each of five positions on the board of trustees, and of the two persons so nominated for each position the Board of Commissioners of Fulton County shall appoint one. Of

THURSDAY, FEBRUARY 25, 1988

1611

these positions, three members shall serve initially for terms of two years and two members shall serve initially for terms of four years. The nomination and appointment of members under this subsection (d) shall be made such that of these five members at least one shall at all times be a resident of unincorporated south Fulton County.
(e) All terms of members of the board of trustees shall serve for terms expiring on June 30 of the final year of the term. Except as specifically provided otherwise in this section, all terms shall be for four years.
(f) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees.
(g) The total membership of the board of trustees shall at all times on and after July 1, 1988, consist of 16 members: four under subsection (b) of this section; seven under subsection (c) of this section; and five under subsection (d) of this section. Successors shall be appointed in the same manner as the members they succeed, so that the total membership of the board will always remain 16 members. Vacancies on the library board of trustees shall be filled in the same manner as initial appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the person who is appointed to fill that vacancy shall serve for the unexpired term."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

HB 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.

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

HB 1819.

By 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.

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

HB 1820. By 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.

1612

JOURNAL OF THE HOUSE,

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

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.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), and by an Act approved March 28, 1986 (Ga. L. 1986, p. 5535), so as to change the method of selection of the members of the board; to provide for terms and compensation of the members; to provide for an annual meeting of the consumer members of the Catoosa County Water and Sewer District; to provide for exceptions; to provide for removal for cause; to provide for vacancies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2251), and by an Act approved March 28, 1986 (Ga. L. 1986, p. 5535), is amended by striking the first paragraph of Section 2 in its entirety and inserting in lieu thereof a new first paragraph to read as follows:
"The board shall consist of five residents of Catoosa County, each of whom shall be a qualified voter therein and shall be a freeholder and a consumer under the Catoosa County Water and Sewer District. The members of the board in office on the effective date of this Act shall serve until their terms expire and until their successors are elected and qualified. All terms of office shall be for six years, provided that the initial terms shall be as follows: one member shall be elected for a term of six years, one member for a term of five years, one member for a term of four years, one member for a term of three years, and one member for a term of two years. There shall be held on October 4, 1988, a meeting of the consumer members of the Catoosa County Water and Sewer District and annually thereafter on the first Tuesday in October for the purpose of electing members of the board of utilities commissioners, provided that in any year in which no member is to be elected, the board may, in its discretion, vote not to hold a meeting of consumer members for that year. The secretary-treasurer of the board of utilities commissioners of Catoosa County shall issue the call for the first meeting of consumer

THURSDAY, FEBRUARY 25, 1988

1613

members as provided for in this section. The call shall state the time, date, and place of such meeting. Each vacancy in membership, whether occasioned by expiration of the term of office or otherwise, shall be filled by election by a majority of the consumer members of the Catoosa County Water and Sewer District at the annual meeting preceding the expiration of a member's term or at a special meeting to be called by the board for not less than 30 nor more than 60 days after a vacancy in the membership of the board resulting from any other cause. Permanent removal of any member from Catoosa County shall vacate his membership on the board. Members shall be eligible for reelection but no person shall serve for more than two full terms. The members of the board of utilities commissioners shall, at the first meeting following election of the board, elect one of their members to serve as chairman."
Section 2. Said Act is further amended by striking from Section 2 the unnumbered paragraph which reads as follows:
"The chairman of the board shall receive as compensation the amount of $300.00 per month and all other members shall receive as compensation the amount of $200.00 per month for attending all meetings held in any month. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of such member's term, with or without cause, by the governing authority of Catoosa County.", and inserting in lieu thereof a new unnumbered paragraph to read as follows:
"The chairman of the board shall receive as compensation the amount of $300.00 per month and all other members shall receive as compensation the amount of $200.00 per month for attending all meetings held in any month. A member of the board may be removed for just cause by vote of a majority of the other members of the board."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 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 education therefor.

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

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.

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

1614

JOURNAL OF THE HOUSE,

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

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.

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

HB 1867. By Representatives 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.

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

HB 1873. By 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.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1873 by striking from line 14 of page 2 the following:
"County.",
and inserting in its place the following:
"County; provided, however, that such annual salary shall not be less than $32,762.52."

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 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.

THURSDAY, FEBRUARY 25, 1988

1615

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

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 652 by striking on line 18 of page 2 "$12,000.00" and inserting in lieu thereof "$10,200.00".
By striking on line 19 of page 2 "$500.00" and inserting in lieu thereof "$425.00". By striking on line 20 of page 2 "$500.00" and inserting in lieu thereof "$425.00". By striking on line 2 of page 3 "$6,000.00" and inserting in lieu thereof "$4,000.00". By adding quotation marks at the end of line 5 of page 3. By striking subsection (d) on lines 6 through 12 of page 3 in its 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 Senate and House:

SB 653. By Senator Langford of the 35th:
A bill to provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a referendum; to repeal a previously existing homestead exemption.

SB 655. By Senator Langford of the 35th:
A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County so as to provide additional powers for the medical examiner of Fulton County; to provide for compelling the attendance of witnesses and for the production of evidence.

1616

JOURNAL OF THE HOUSE,

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.

SB 670. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to authorize the board of commissioners to lease certain county owned property.

SB 671. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

SB 672. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings.

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.

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.

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.

SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insurers to guarantee certain consumer warranty agreements; to provide for related matters.

SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.

THURSDAY, FEBRUARY 25, 1988

1617

SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation.

SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that uninsured and underinsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons; to provide exceptions; to provide for reduced premium rates.

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.

HB 1303.

By Representative Robinson of the 96th:
A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, 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.

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 Annotated, 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.

HB 1377. By Representative Childers of the 15th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, 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.

HB 1419. By Representative Crosby of the 150th:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding.

1618

JOURNAL OF THE HOUSE,

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 Annotated, relating to terms of superior courts, so as to change the terms of superior court for Carroll County of the Coweta Judicial Circuit.

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.

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 Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer.

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 Annotated, 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.

HB 1523.

By Representative Jackson of the 9th:
A bill to amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, so as to provide for process servers within the battalion.

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 Annotated, 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.

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 Annotated, relating to the practice of architecture, so as to continue the State Board of Architects.

HB 1622.

By Representative Dunn of the 73rd:
A bill to amend Code Section 20-2-892 of the Official Code of Georgia Annotated, 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.

THURSDAY, FEBRUARY 25, 1988

1619

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

HB 768. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to redefine the offense of felony-bail jumping; to redefine the offense of misdemeanor-bail jumping; to delete certain requirements relating to mailing of notices.

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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

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 certain nonresident hunting licenses.

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 residence and homestead.

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 homestead.

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

HR 725. By Representative Birdsong of the 104th: A resolution designating the William H. Freeman Memorial Bridge.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate:

1620

JOURNAL 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.

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 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 department; to provide definition of terms; to specify purposes of the department; to provide for the Board of Community Affairs.

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

HB 1623.

By Representative Dunn of the 73rd:
A bill to amend Code Section 45-18-14 of the Official Code of Georgia Annotated, 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.

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 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 Annotated, 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.

The following amendment was read and adopted:

Representative Pannell of the 122nd moves to amend HB 1846 by striking from lines 12 and 13 of page 2 the following:
"The seminar shall not be more than one day in length."

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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1743.

By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, 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.

THURSDAY, FEBRUARY 25, 1988

1621

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-8-92 of the Official Code of Georgia Annotated, 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; to provide that certain fire department vehicles shall not be required to have a permit for the use of a red light; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All emergency vehicles shall be designated as such by the Board of Public Safety. The board shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side in letters not less than four inches in height of a contrasting color from the background color of the motor vehicle shall not be required to have a permit for the use of a red light."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1785.

By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, relating to conversion of leased personal property, so as to change certain penalty limits.

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

1622

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 Y Alien Y Athon Y Atkins Y Bailey
Balkcom Bannister
Y Bargeron Y Barnett,B Y Barnett.M YBeck
Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch N Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks N Childers N Clark,B N Clark.H Y Clark,L
Y Colbert

Coleman 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 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

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 N Langford Y Lawler Y Lawrence Y Lawson
NLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin N McCoy Y McDonald
N McKelvey McKinney
N Meadows YMilam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Oliver.M Or rock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips N Pinkston
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 Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 141, nays 13. The Bill, having received the requisite constitutional majority, was passed.

Representative Clark of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 1001.

By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

The report of the Committee, which was favorable to the 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
Y Bishop Y Bostick

Y Branch Y Brooks
Brown
YBuck Y Buford

THURSDAY, FEBRUARY 25, 1988

1623

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 Council 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
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 Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawler

Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Mortal Y Mostiler
Y Moultrie Y Mueller
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
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 Y Smith.T Y Smith, W

Y Smyre Snow
Y Stancil Y Stanley Y Steinberg
Stephens
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 Williams.B Y Williams,J Y Wilson Y Wood 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

Representative Lucas of the 102nd stated that he had been called from the floor of
the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 906. By Representatives Ramsey of the 155th, Smith of the 156th, Reaves of the 147th, Dixon of the 151st, Crosby of the 150th and others:
A resolution recognizing Brunswick, Georgia, as the birthplace of Brunswick stew.

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 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 attorneys; to change the provisions relative to the compensation of the chief investigator.

1624

JOURNAL OF THE HOUSE,

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

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 special service districts.

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 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd, McKelvey of the 15th, Ramsey of the 3rd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regulation of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for comprehensive regulation of the disclosure to public employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title; to provide for definitions; to provide for certain powers, duties, and authority of the Commissioner of Labor and Department of Labor; to provide for labeling of containers; to provide for certain exceptions; to provide for certain rights, duties, and responsibilities of certain contractors and subcontractors; to provide for the promulgation of a hazardous chemical list; to provide for contents and revision of such list; to create the Hazardous Chemicals Advisory Council and provide for its powers and duties; to require material safety data sheets for certain hazardous chemicals; to provide for contents of such sheets; to provide for duties and responsibilities of employers; to provide for safety training and minimum information standards; to provide for certain exceptions; to provide for rights of public employees; to provide for publication of hazardous chemical lists; to provide for procedures for making complaints of violations; to provide for remedies and appeals; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end thereof a new chapter, to be designated Chapter 22, to read as follows:
"CHAPTER 22
45-22-1. This chapter shall be known and may be cited as the 'Public Employee Hazardous Chemical Protection and Right to Know Act of 1988.'
45-22-2. As used in this chapter, the term: (1) 'Article' means a finished product or manufactured item: (A) Which is formed to a specific shape or design during manufacture; (B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and

THURSDAY, FEBRUARY 25, 1988

1625

(C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article. (2) 'Chemical name' means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. (3) 'Commissioner' means the Commissioner of Labor or his designee. (4) 'Common name' means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name. (5) 'Contractor,' 'independent contractor,' or 'public contractor' means any person under a contract or agreement to provide labor or services to a public employer. (6) 'Department' means the Department of Labor. (7) 'Distributor' means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors. (8) 'Employee' or 'public employee' means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state or any political subdivision thereof and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies. (9) 'Employer' or 'public employer' means any branch, department, board, bureau, commission, authority, or other agency of the state or any political subdivision thereof which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer. (10) 'Exposed' or 'exposure' means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure. (11) 'Hazardous chemical' means any element, chemical compound, or mixture of elements and compounds as defined by the Georgia Hazardous Chemical List. (12) 'Importer' means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States. (13) 'Impurity' means a hazardous chemical which is unintentionally present with another chemical or mixture. (14) 'List' means the Georgia Hazardous Chemical List promulgated pursuant to Code Section 45-22-5. (15) 'Manufacturer' means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals. (16) 'Material safety data sheet' means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 CFR Sections 1910.0000 through 1910.1500 (1987) and containing the following information:
(A) The chemical name and the common name of the hazardous chemical;
(B) The hazards or other risks in the use of the hazardous chemical, including:
(i) The potential for fire, explosion, corrosivity, and reactivity;
(ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and
(iii) The primary routes of entry and the symptoms of overexposure;
(C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure;

1626

JOURNAL OF THE HOUSE,

(D) The emergency procedures for spills, fire, disposal, and first aid; (E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and (F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. (17) 'Medical emergency' means a medical condition which poses an imminent threat to a person's health, caused or suspected to have been caused by exposure to a hazardous chemical, and which requires immediate treatment by a physician. (18) 'Mixture' means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction. (19) 'Occupational Safety and Health Administration standard' means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 CFR Sections 1910.0000 through 1910.1500 (1987). (20) 'Person' means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association. (21) 'Produce' means to manufacture, process, formulate, or repackage.
(22) 'Specific chemical identity' means the chemical name, the Chemical Abstracts Service Registry Number, or any other specific information which reveals the precise chemical designation.
(23) 'Work area' means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment.
(24) 'Workplace' means an establishment or business of an employer at one geographic location at which work is performed and which contains one or more work areas. In the case of a public employer, the workplace shall be defined as all work areas wholly owned or controlled by the public employer. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor.
45-22-3. All hazardous chemicals introduced into the workplace by employers and used in the workplace by employees shall be in labeled containers that meet the requirements of the Occupational Safety and Health Administration standard; provided, however, that employers shall not be required to label portable containers into which hazardous chemicals are transferred from labeled containers provided that the portable container and the hazardous chemical transferred to it are intended only for the immediate use of an employee who performs the transfer or who is present at the time of such transfer.
45-22-4. A public contractor who introduces hazardous materials into the workplace shall agree, and include a statement, in all bids, agreements, contracts, or other instrument to the effect that such contractor shall be responsible for compliance with the provisions of this chapter for persons employed by such contractor utilized under such contract. Any such public contractor who introduces hazardous chemicals into the workplace shall provide material safety data sheets for such chemicals to all employees using them and instruction in handling, emergency procedures, and disposal prior to introducing such hazardous chemicals. This Code section shall not be construed to place responsibility on any person, firm, or corporation other than public contractors.
45-22-5. (a) The department shall, in conjunction with the Environmental Protection Division of the Department of Natural Resources, promulgate the Georgia Hazardous Chemical List and shall make such list available to public employers. Chemicals on the list shall be designated by their chemical name and common name. Only those chemicals specifically enumerated on the list shall be subject to the provisions of this chapter. The department shall prepare and amend the list according to the department's established procedure for rule promulgation. A chemical shall be placed on the list only after a finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that exposure to, or use of, the chemical will

THURSDAY, FEBRUARY 25, 1988

1627

result in acute or chronic risk to human health or safety. If at any time it is found that a chemical that is not on the list, as revised, poses a serious threat to human health or safety, the department may promulgate emergency revisions to the list according to the department's established procedures for rule promulgation.
(b) The list shall contain only specific chemical and common names. Generic substances or categories are to be excluded. The list may be drawn from, but not limited to, those chemical substances enumerated in the most current edition of the following designated source lists:
(1) International Agency for Research on Cancer (Sublist: 'Substances found to have at least sufficient evidence of carcinogenicity in animals');
(2) National Toxicology Program List of Chemicals published in the Annual Report on Carcinogens;
(3) Occupational Safety and Health Administration Toxic and Hazardous Substances 29 CFR 1910, Subpart Z;
(4) National Institute for Occupational Safety and Health/Occupational Safety and Health Administration Occupational Health Guidelines for Chemical Hazards;
(5) American Conference of Governmental Industrial Hygienists Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace;
(6) Environmental Protection Agency Carcinogenic Assessment Group's List of Carcinogens;
(7) National Cancer Institute (Chemicals that meet the National Toxicology Program criteria for significant carcinogenic effect);
(8) National Fire Protection Association Hazardous Chemicals (NFPA 49); and (9) National Fire Protection Association Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M All items rated II through IV as health hazards or III through IV as flammability or reactivity hazards).
(c) The department shall promulgate and when necessary amend according to the department's established procedures regulations establishing concentrations for hazard-
ous chemicals in mixtures to be subject to the provisions of this chapter. Such concentration levels shall be consistent with scientific evidence available at the time of
promulgation regarding threshold levels and other pertinent toxicity data. The manufacturer of a hazardous chemical shall notify the department of any valid evidence which indicates either:
(1) The concentration requirement for a hazardous chemical is higher than what
is necessary to protect employees who work with or may be exposed to the chemical; or
(2) That the concentration levels should be lowered because there is valid and sub-
stantial evidence that the chemical is extraordinarily hazardous. (d) The provisions of this chapter shall not apply to:
(1) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely;
(2) Alcoholic beverages as defined in Title 3;
(3) Articles intended for personal consumption by employees in the workplace; (4) Any consumer product or hazardous substance as those terms are defined in
the Consumer Product Safety Act (15 U.S.C. 2051, et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261, et seq.), respectively, including any such product or
hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use
and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers;
(5) Articles sold or used in retail food establishments and retail trade establishments;
(6) Chemicals which are merely being transported in the state as part of a shipment in interstate or intrastate commerce; or
(7) Chemicals or mixtures which may be hazardous but which are labeled pursuant to the federal Insecticide, Fungicide, and Rodenticide Act, the federal Atomic Energy
Act, the federal Food, Drug and Cosmetic Act, and the federal Resource Conservation and Recovery Act.

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JOURNAL OF THE HOUSE,

(e) The department shall review the Georgia Hazardous Chemical List annually. Any revision of the Georgia Hazardous Chemical List shall be made according to the department's established procedures for rule promulgation and upon the department's finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that any chemicals added pursuant to this subsection result in an acute or chronic risk to human health or safety.
(f) Chemicals not present on the Georgia Hazardous Chemical List established pursuant to this Code section shall not be subject to the provisions of this chapter.
(g) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals.
45-22-6. (a) There is created the Hazardous Chemicals Advisory Council to assist the department in reviewing and preparing the Georgia Hazardous Chemical List.
(b) The council shall consist of nine members, including four employer representatives, four employee representatives, and one member to be selected by the Commissioner to serve as chairman.
(c) The members of the council shall be appointed by the Commissioner on or before July 1, 1988. The Commissioner shall make the initial appointments as follows: three members shall be appointed for terms of four years; two members shall be appointed for terms of three years; two members shall be appointed for terms of two years; and two members shall be appointed for terms of one year. Thereafter, all members shall be appointed for terms of four years. Any vacancy on the council shall be filled by appointment by the Commissioner for the remainder of the unexpired term.
(d) The council shall meet at the call of its chairman, at the request of a majority of its membership, at the request of the Commissioner, or at such times as may be prescribed by its rules, but not less than twice a year. The council shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group.
(e) Members of the council shall serve without compensation but shall be entitled to receive reimbursement for per diem and traveling expenses actually incurred in performance of their duties on the council in the same amount as received by members of the General Assembly.
(f) The initial recommendations of the council shall be made in a report to the Commissioner on or before July 1, 1989.
(g) The department shall consider the advice and recommendations of the council in promulgating the Georgia Hazardous Chemical List and its amendments. In compiling the initial Georgia Hazardous Chemical List, the council shall recommend only chemicals for which, according to the preponderance of the evidence, substantial and valid scientific evidence exists that such chemicals result in an acute or chronic risk to human health or safety. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection.
(h) The council shall submit its recommendations to the department for the revision of the Georgia Hazardous Chemical List on or before January 1 of each year.
45-22-7. (a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare and provide the direct purchasers of such hazardous chemicals and, upon request, the department, with a material safety data sheet which, to the best knowledge of the manufacturer, importer, or distributor, is current, accurate, and complete, based on information then reasonably available to the manufacturer, importer, or distributor.
(b) Any person who produces a mixture may, for the purposes of this Code section, prepare and use a mixture material safety data sheet, subject to the provisions of subsection (j) of this Code section.
(c) A manufacturer, importer, distributor, or employer may provide the information required by this Code section on an entire mixture, instead of on each hazardous chemical in it, when all of the following conditions exist:
(1) Toxicity test information exists on the mixture itself or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and

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the material safety data sheet indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that a material safety data sheet on each constituent hazardous chemical identified on the material safety data sheet is available upon request;
(2) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients;
(3) The hazardous chemicals in the mixture are identified on the material safety data sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that the reason why the hazardous chemicals in the mixture are not identified shall be stated on the material safety data sheet; and
(4) A single mixture material safety data sheet may be provided for more than one formulation of a product mixture if the information provided does not vary for the formulation.
(d) A manufacturer, importer, or distributor who is responsible for preparing and transmitting a material safety data sheet under the provisions of this Code section shall revise such material safety data sheet on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing material
safety data sheet, and in any event within three months of such information becoming available to the manufacturer, importer, or distributor.
(e) Any person subject to the provisions of this Code section shall be relieved of the obligation to provide a direct purchaser of a hazardous chemical with a material safety data sheet:
(1) If he has a record of having provided the direct purchaser with the most recent version of the material safety data sheet;
(2) If the chemical is labeled pursuant to: (A) The federal Insecticide, Fungicide, and Rodenticide Act;
(B) The federal Atomic Energy Act; (C) The federal Food, Drug and Cosmetics Act;
(D) The federal Resource Conservation Recovery Act; or (3) If the article is one sold at retail and is incidentally sold to an employer or the
employer's employees in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the
principal consumer use of the article.
(f) If an employer is not supplied with a material safety data sheet by a manufacturer, importer, or distributor for a hazardous chemical other than a chemical or mixture regulated pursuant to the federal Insecticide, Fungicide, and Rodenticide Act, federal
Food, Drug and Cosmetics Act, the federal Atomic Energy Act, or the federal Resource Conservation Recovery Act, pursuant to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not
been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, 'diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distribu-
tor of the hazardous chemicals; provided, however, that an independent contractor or subcontractor shall be responsible for obtaining the material safety data sheet for his
employees in the workplace of another. (g) If after having used diligent efforts, an employer still fails to obtain a material
safety data sheet, he shall request the department to obtain such material safety data sheet on his behalf.
(h) An employer who has used diligent efforts and who has made a documented
request to the department pursuant to this Code section shall not be found in violation of this Code section with respect to the material safety data sheet which was not sup-
plied by the manufacturer, importer, or distributor as required by this Code section. (i) Every employer, except as provided in subsection (h) of this Code section, who
manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule promulgated by the department in a place
where notices are normally posted, informing employees of their rights under this chapter.

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(j) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall maintain a material safety data sheet for each hazardous chemical which is present in such workplace. All material safety data sheets shall be readily available in the workplace; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location.
(k) (1) A material safety data sheet may be kept in any form, including operations procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be appropriate to address the hazards of a process rather than individual hazardous chemicals. The employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each workshift to employees when they are in their work area; provided, however, that employers who maintain one or more work areas which are not fixed at specific geo-
graphic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location.
(2) Any employee may request in writing and shall have the right to examine and obtain the material safety data sheets for the hazardous chemicals to which he is, has
been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting employee's working days, subject to
the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations.
(3) An independent contractor or subcontractor working in the workplace of another employer may request in writing and shall have the right to examine the
material safety data sheets for the hazardous chemicals to which he or his employees are, have been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting independent contractor's
or subcontractor's working days, subject to the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such
requests to avoid interruption of normal work operations. (4) If an employee who has requested a material safety data sheet pursuant to this
chapter has not received such material safety data sheet within five of the requesting
employee's working days, subject to the provisions of subsection (g) of this Code section, that employee may refuse to work with the chemical for which he has
requested the material safety data sheet until such material safety data sheet is provided by the employer; provided, however, that nothing contained in this paragraph
shall be construed to permit any employee to refuse to perform essential services; provided, further, that nothing in this paragraph shall be construed to interfere with the right of the employer to transfer an employee who so refuses to work to other duties
until such material safety data sheet is provided, such a transfer not to be considered as a discriminatory act under Code Section 45-22-10. No pay, position, seniority, or
other benefits shall be lost for exercise of any right provided by this chapter as a result of such a transfer.
(1) No employer shall discharge or otherwise discriminate against a employee for the employee's assertion of the employee's rights under this chapter.
(m) For the purposes of this Code section, an employer, independent contractor, or
subcontractor shall maintain material safety data sheets for their own workplaces only; provided, however, that employees of such independent contractor or subcontractor,
insofar as they are exposed in the course of their employment to hazardous chemicals in other workplaces, shall have the right to examine material safety data sheets for those
chemicals to which they are exposed from the workplace employer through a written
request to their own employer as provided in paragraph (2) of subsection (j) of this Code section. Employers must advise employees that they can obtain further information from
the department. Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information.
45-22-8. (a) Each employer shall be required to comply with the minimum information standards set forth in this subsection. Each employee shall be informed of:

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1631

(1) The requirements of this Code section; (2) What a material safety data sheet is and the contents of the material safety data sheet for any hazardous chemical to which he is exposed, or equivalent information, either in written form or through training programs; (3) Any operations in his work area where hazardous chemicals are present;
(4) The location and availability of training programs; (5) His right to receive information regarding hazardous chemicals to which he may be exposed; (6) His right for his physician to receive information regarding hazardous chemicals to which the employee may be exposed; and
(7) His right against discharge or other discrimination due to the employee's exercise of the rights provided by this chapter.
(b) In addition to providing the information required by subsection (a) of this Code section, each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment. When training employees who are exposed to hazardous chemicals, the employer shall explain any physical or health hazards associated with the use of the chemical or mixture; proper precautions for handling, necessary personal protective equipment or other safety precautions necessary to prevent or minimize exposure to the hazardous chemical; methods of observation that may be used to detect the presence or release of a hazardous chemical in a work area, including, but not limited to, spot check monitoring, con-
tinuous monitoring, or methods of visual or olfactory detection; the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information; and emergency procedures for spills, fire, disposal, and first aid.
This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised material safety data sheet, such information shall be provided to employees on a timely
basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to or measures necessary to protect employee health as compared to
those stated on a material safety data sheet previously provided. (c) The department shall by rule and regulation establish minimum information and
training standards for compliance with this Code section. The Hazardous Chemicals Advisory Council shall be authorized to make recommendations to the department
regarding the development and implementation of such standards. (d) The information and training standards provided for in this Code section and
established by the department shall not be implemented until after the promulgation of the Georgia Hazardous Chemical List and shall not be implemented unless sufficient funds are appropriated by the General Assembly for the purpose of providing such
information and training. 45-22-9. On and after July 1, 1989, each employer shall publish in January and July
of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the office of such employer.
45-22-10. (a) No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee for any of the following reasons:
(1) The employee has requested information regarding hazardous chemicals, filed
any complaint or action, or has instituted, or caused to be instituted, any proceeding under this chapter;
(2) The employee has testified or is about to testify in any proceeding in his own
behalf or on behalf of others; or
(3) The employee has exercised any other right afforded pursuant to the provisions of this chapter.
(b) No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter.
45-22-11. (a) In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file
an employee grievance with the Commissioner.

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(b) Upon any violation of Code Section 45-22-4 by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability.
(c) Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state.
(d) Any employee adversely affected by a final decision of the Commissioner to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure 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 substitute, offered by Representative Brown of the 88th, was read and adopted:

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for comprehensive regulation of the disclosure to public employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title; to provide for definitions; to provide for certain powers, duties, and authority of the Commissioner of Labor and Department of Labor; to provide for labeling of containers; to provide for certain exceptions; to provide for certain rights, duties, and responsibilities of certain contractors and subcontractors; to provide for the promulgation of a hazardous chemical list; to provide for contents and revision of such list; to create the Hazardous Chemicals Advisory Council and provide for its powers and duties; to require material safety data sheets for certain hazardous chemicals; to provide for contents of such sheets; to provide for duties and responsibilities of employers; to provide for safety training and minimum information standards; to provide for certain exceptions; to provide for rights of public employees; to provide for publication of hazardous chemical lists; to provide for procedures for making complaints of violations; to provide for remedies and appeals; to provide for sovereign immunity; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end thereof a new chapter, to be designated Chapter 22, to read as follows:
"CHAPTER 22
45-22-1. This chapter shall be known and may be cited as the 'Public Employee Hazardous Chemical Protection and Right to Know Act of 1988.'
45-22-2. As used in this chapter, the term: (1) 'Article' means a finished product or manufactured item: (A) Which is formed to a specific shape or design during manufacture; (B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and (C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article. (2) 'Chemical name' means the scientific designation of a chemical in accordance
with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service.
(3) 'Commissioner' means the Commissioner of Labor or his designee.

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1633

(4) 'Common name' means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name.
(5) 'Contractor,' 'independent contractor,' or 'public contractor' means any person under a contract or agreement to provide labor or services to a public employer.
(6) 'Department' means the Department of Labor. (7) 'Distributor' means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors. (8) 'Employee' or 'public employee' means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies. (9) 'Employer' or 'public employer' means any branch, department, board, bureau, commission, authority, or other agency of the state which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer. (10) 'Exposed' or 'exposure' means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure. (11) 'Hazardous chemical' means any element, chemical compound, or mixture of elements and compounds as defined by the Georgia Hazardous Chemical List. (12) 'Importer' means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States. (13) 'Impurity' means a hazardous chemical which is unintentionally present with another chemical or mixture. (14) 'List' means the Georgia Hazardous Chemical List promulgated pursuant to Code Section 45-22-5. (15) 'Manufacturer' means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals. (16) 'Material safety data sheet' means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 CFR Sections 1910.0000 through 1910.1500 (1987) and containing the following information:
(A) The chemical name and the common name of the hazardous chemical; (B) The hazards or other risks in the use of the hazardous chemical, including:
(i) The potential for fire, explosion, corrosivity, and reactivity; (ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and
(iii) The primary routes of entry and the symptoms of overexposure;
(C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure;
(D) The emergency procedures for spills, fire, disposal, and first aid;
(E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and
(F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

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(17) 'Medical emergency' means a medical condition which poses an imminent threat to a person's health, caused or suspected to have been caused hy exposure to a hazardous chemical, and which requires immediate treatment by a physician.
(18) 'Mixture' means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction.
(19) 'Occupational Safety and Health Administration standard' means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 CFR Sections 1910.0000 through 1910.1500 (1987).
(20) 'Person' means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association.
(21) 'Produce' means to manufacture, process, formulate, or repackage. (22) 'Specific chemical identity' means the chemical name, the Chemical Abstracts Service Registry Number, or any other specific information which reveals the precise chemical designation. (23) 'Work area' means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment. (24) 'Workplace' means an establishment or business of an employer at one geographic location at which work is performed and which contains one or more work areas. In the case of a public employer, the workplace shall be defined as all work
areas wholly owned or controlled by the public employer. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas
wholly owned or controlled by such independent contractor or subcontractor. 45-22-3. All hazardous chemicals introduced into the workplace by employers and used in the workplace by employees shall be in labeled containers that meet the require-
ments of the Occupational Safety and Health Administration standard; provided, however, that employers shall not be required to label portable containers into which
hazardous chemicals are transferred from labeled containers provided that the portable container and the hazardous chemical transferred to it are intended only for the
immediate use of an employee who performs the transfer or who is present at the time of such transfer.
45-22-4. A public contractor who introduces hazardous materials into the workplace shall agree, and include a statement, in all bids, agreements, contracts, or other instru-
ment to the effect that such contractor shall be responsible for compliance with the provisions of this chapter for persons employed by such contractor utilized under such
contract. Any such public contractor who introduces hazardous chemicals into the workplace shall provide material safety data sheets for such chemicals to all employees using them and instruction in handling, emergency procedures, and disposal prior to
introducing such hazardous chemicals. This Code section shall not be construed to place responsibility on any person, firm, or corporation other than public contractors.
45-22-5. (a) The department shall, in conjunction with the Environmental Protection Division of the Department of Natural Resources, promulgate the Georgia
Hazardous Chemical List and shall make such list available to public employers. Chemicals on the list shall be designated by their chemical name and common name. Only those chemicals specifically enumerated on the list shall be subject to the provisions of
this chapter. The department shall prepare and amend the list according to the department's established procedure for rule promulgation. A chemical shall be placed on
the list only after a finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that exposure to, or use of, the chemical will
result in acute or chronic risk to human health or safety. If at any time it is found that a chemical that is not on the list, as revised, poses a serious threat to human health or
safety, the department may promulgate emergency revisions to the list according to the department's established procedures for rule promulgation.
(b) The list shall contain only specific chemical and common names. Generic substances or categories are to be excluded. The list may be drawn from, but not limited
to, those chemical substances enumerated in the most current edition of the following designated source lists:

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1635

(1) International Agency for Research on Cancer (Sublist: 'Substances found to have at least sufficient evidence of carcinogenicity in animals');
(2) National Toxicology Program List of Chemicals published in the Annual Report on Carcinogens;
(3) Occupational Safety and Health Administration Toxic and Hazardous Substances 29 CFR 1910, Subpart Z;
(4) National Institute for Occupational Safety and Health/Occupational Safety and Health Administration Occupational Health Guidelines for Chemical Hazards;
(5) American Conference of Governmental Industrial Hygienists Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace;
(6) Environmental Protection Agency Carcinogenic Assessment Group's List of Carcinogens;
(7) National Cancer Institute (Chemicals that meet the National Toxicology Program criteria for significant carcinogenic effect);
(8) National Fire Protection Association Hazardous Chemicals (NFPA 49); and (9) National Fire Protection Association Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M All items rated II through IV as health hazards or III through IV as flammability or reactivity hazards). (c) The department shall promulgate and when necessary amend according to the department's established procedures regulations establishing concentrations for hazardous chemicals in mixtures to be subject to the provisions of this chapter. Such concentration levels shall be consistent with scientific evidence available at the time of
promulgation regarding threshold levels and other pertinent toxicity data. The manufacturer of a hazardous chemical shall notify the department of any valid evidence which indicates either:
(1) The concentration requirement for a hazardous chemical is higher than what is necessary to protect employees who work with or may be exposed to the chemical; or
(2) That the concentration levels should be lowered because there is valid and sub-
stantial evidence that the chemical is extraordinarily hazardous. (d) The provisions of this chapter shall not apply to:
(1) Impurities which develop as intermediate materials during chemical processing
but are not present in the final mixture and to which employee exposure is unlikely;
(2) Alcoholic beverages as defined in Title 3; (3) Articles intended for personal consumption by employees in the workplace; (4) Any consumer product or hazardous substance as those terms are defined in
the Consumer Product Safety Act (15 U.S.C. 2051, et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261, et seq.), respectively, including any such product or
hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater
than exposures experienced by consumers; (5) Articles sold or used in retail food establishments and retail trade establish-
ments;
(6) Chemicals which are merely being transported in the state as part of a ship-
ment in interstate or intrastate commerce; or (7) Chemicals or mixtures which may be hazardous but which are labeled pursuant
to the federal Insecticide, Fungicide, and Rodenticide Act, the federal Atomic Energy Act, the federal Food, Drug and Cosmetic Act, and the federal Resource Conservation
and Recovery Act.
(e) The department shall review the Georgia Hazardous Chemical List annually. Any revision of the Georgia Hazardous Chemical List shall be made according to the
department's established procedures for rule promulgation and upon the department's finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that any chemicals added pursuant to this subsection result in an
acute or chronic risk to human health or safety. (f) Chemicals not present on the Georgia Hazardous Chemical List established pur-
suant to this Code section shall not be subject to the provisions of this chapter.

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(g) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals.
45-22-6. (a) There is created the Hazardous Chemicals Advisory Council to assist the department in reviewing and preparing the Georgia Hazardous Chemical List.
(b) The council shall consist of nine members as follows: the Commissioner of Agriculture or his designee, the commissioner of human resources or his designee, the commissioner of natural resources or his designee, the commissioner of transportation or his designee, four members who shall be employee representatives from public employers, and one member who shall be appointed from the state at large.
(c) The employee members and the at-large member shall be appointed by the Commissioner on or before July 1, 1988. Of the initial four employee members, one member shall be appointed for a term of four years, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years, and one member shall be appointed for a term of one year. The at-large member shall be appointed for a term of four years. Thereafter, all employee members and the at-large member shall be appointed for terms of four years. The council shall elect a chairman each year from its membership. Any vacancy on the council within the employee representative positions or the at-large position shall be filled by appointment by the Commissioner for the remainder of the unexpired term.
(d) The council shall meet at the call of its chairman, at the request of a majority of its membership, at the request of the Commissioner, or at such times as may be prescribed by its rules, but not less than twice a year. The council shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group.
(e) All members of the council who are employees of a state agency shall be entitled to receive from their employing agency reimbursement of travel expenses incurred in performance of their duties on the council. Should any of the employee representatives or the at-large member not be employed by a state agency, such member shall be entitled to receive per diem and reimbursement for travel expenses in the same amount as received by members of the General Assembly.
(f) The initial recommendations of the council shall be made in a report to the Commissioner on or before July 1, 1989.
(g) The department shall consider the advice and recommendations of the council in promulgating the Georgia Hazardous Chemical List and its amendments. In compiling the initial Georgia Hazardous Chemical List, the council shall recommend only chemicals for which, according to the preponderance of the evidence, substantial and valid scientific evidence exists that such chemicals result in an acute or chronic risk to human health or safety. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection.
(h) The council shall submit its recommendations to the department for the revision of the Georgia Hazardous Chemical List on or before January 1 of each year.
45-22-7. (a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare and provide the direct purchasers of such hazardous chemicals and, upon request, the department, with a material safety data sheet which, to the best knowledge of the manufacturer, importer, or distributor, is current, accurate, and complete, based on information then reasonably available to the manufacturer, importer, or distributor.
(b) Any person who produces a mixture may, for the purposes of this Code section, prepare and use a mixture material safety data sheet, subject to the provisions of subsection (j) of this Code section.
(c) A manufacturer, importer, distributor, or employer may provide the information required by this Code section on an entire mixture, instead of on each hazardous chemical in it, when all of the following conditions exist:
(1) Toxicity test information exists on the mixture itself or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the material safety data sheet indicates that the information presented and the

THURSDAY, FEBRUARY 25, 1988

1637

conclusions drawn are from some source other than direct test data on the mixture itself, and that a material safety data sheet on each constituent hazardous chemical identified on the material safety data sheet is available upon request;
(2) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients;
(3) The hazardous chemicals in the mixture are identified on the material safety data sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that the reason why the hazardous chemicals in the mixture are not identified shall be stated on the material safety data sheet; and
(4) A single mixture material safety data sheet may be provided for more than one formulation of a product mixture if the information provided does not vary for the formulation.
(d) A manufacturer, importer, or distributor who is responsible for preparing and transmitting a material safety data sheet under the provisions of this Code section shall revise such material safety data sheet on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing material safety data sheet, and in any event within three months of such information becoming available to the manufacturer, importer, or distributor.
(e) Any person subject to the provisions of this Code section shall be relieved of the obligation to provide a direct purchaser of a hazardous chemical with a material safety data sheet:
(1) If he has a record of having provided the direct purchaser with the most recent version of the material safety data sheet;
(2) If the chemical is labeled pursuant to: (A) The federal Insecticide, Fungicide, and Rodenticide Act; (B) The federal Atomic Energy Act; (C) The federal Food, Drug and Cosmetics Act; (D) The federal Resource Conservation Recovery Act; or
(3) If the article is one sold at retail and is incidentally sold to an employer or the employer's employees in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the principal consumer use of the article.
(f) If an employer is not supplied with a material safety data sheet by a manufacturer, importer, or distributor for a hazardous chemical other than a chemical or mixture regulated pursuant to the federal Insecticide, Fungicide, and Rodenticide Act, federal Food, Drug and Cosmetics Act, the federal Atomic Energy Act, or the federal Resource Conservation Recovery Act, pursuant to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, 'diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distributor of the hazardous chemicals; provided, however, that an independent contractor or subcontractor shall be responsible for obtaining the material safety data sheet for his employees in the workplace of another.
(g) If after having used diligent efforts, an employer still fails to obtain a material safety data sheet, he shall request the department to obtain such material safety data sheet on his behalf.
(h) An employer who has used diligent efforts and who has made a documented request to the department pursuant to this Code section shall not be found in violation of this Code section with respect to the material safety data sheet which was not supplied by the manufacturer, importer, or distributor as required by this Code section.
(i) Every employer, except as provided in subsection (h) of this Code section, who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule promulgated by the department in a place where notices are normally posted, informing employees of their rights under this chapter.

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(j) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall maintain a material safety data sheet for each hazardous chemical which is present in such workplace. All material safety data sheets shall be readily available in the workplace; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location.
(k) (1) A material safety data sheet may be kept in any form, including operations procedures, and may be designed to cover groups of hazardous chemicals in a work area where it may be appropriate to address the hazards of a process rather than individual hazardous chemicals. The employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each workshift to employees when they are in their work area; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each
hazardous chemical used in such work area at a central location. (2) Any employee may request in writing and shall have the right to examine and
obtain the material safety data sheets for the hazardous chemicals to which he is, has been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting employee's working days, subject to
the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations.
(3) An independent contractor or subcontractor working in the workplace of
another employer may request in writing and shall have the right to examine the material safety data sheets for the hazardous chemicals to which he or his employees are, have been, or may be exposed. The employer shall provide any material safety
data sheet within its possession within five of the requesting independent contractor's or subcontractor's working days, subject to the provisions of subsection (g) of this
Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations.
(4) If an employee who has requested a material safety data sheet pursuant to this chapter has not received such material safety data sheet within five of the requesting
employee's working days, subject to the provisions of subsection (g) of this Code section, that employee may refuse to work with the chemical for which he has
requested the material safety data sheet until such material safety data sheet is provided by the employer; provided, however, that nothing contained in this paragraph shall be construed to permit any employee to refuse to perform essential services; pro-
vided, further, that nothing in this paragraph shall be construed to interfere with the right of the employer to transfer an employee who so refuses to work to other duties
until such material safety data sheet is provided, such a transfer not to be considered as a discriminatory act under Code Section 45-22-10. No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter as a result of such a transfer.
(1) No employer shall discharge or otherwise discriminate against a employee for the
employee's assertion of the employee's rights under this chapter. (m) For the purposes of this Code section, an employer, independent contractor, or
subcontractor shall maintain material safety data sheets for their own workplaces only; provided, however, that employees of such independent contractor or subcontractor,
insofar as they are exposed in the course of their employment to hazardous chemicals in other workplaces, shall have the right to examine material safety data sheets for those
chemicals to which they are exposed from the workplace employer through a written request to their own employer as provided in paragraph (2) of subsection (j) of this Code
section. Employers must advise employees that they can obtain further information from
the department. Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information.
45-22-8. (a) Each employer shall be required to comply with the minimum informa-
tion standards set forth in this subsection. Each employee shall be informed of:

THURSDAY, FEBRUARY 25, 1988

1639

(1) The requirements of this Code section; (2) What a material safety data sheet is and the contents of the material safety data sheet for any hazardous chemical to which he is exposed, or equivalent information, either in written form or through training programs;
(3) Any operations in his work area where hazardous chemicals are present; (4) The location and availability of training programs;
(5) His right to receive information regarding hazardous chemicals to which he may be exposed;
(6) His right for his physician to receive information regarding hazardous chemicals to which the employee may be exposed; and
(7) His right against discharge or other discrimination due to the employee's exercise of the rights provided by this chapter. (b) In addition to providing the information required by subsection (a) of this Code section, each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment. When training employees who are exposed to hazardous chemicals, the employer shall explain any physical or health hazards associated with the use of the chemical or mixture; proper precautions for handling, necessary personal protective equipment or other safety precautions necessary to prevent or minimize exposure to the hazardous chemical; methods of observation that may be used to detect the presence or release of a hazardous chemical in a work area, including, but not limited to, spot check monitoring, continuous monitoring, or methods of visual or olfactory detection; the labeling system and
the material safety data sheet, and how employees can obtain and use the appropriate hazard information; and emergency procedures for spills, fire, disposal, and first aid. This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised
material safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information indicates significantly increased risks to or measures necessary to protect employee health as compared to
those stated on a material safety data sheet previously provided. (c) The department shall by rule and regulation establish minimum information and
training standards for compliance with this Code section. The Hazardous Chemicals
Advisory Council shall be authorized to make recommendations to the department regarding the development and implementation of such standards.
(d) The information and training standards provided for in this Code section and
established by the department shall not be implemented until after the promulgation of the Georgia Hazardous Chemical List and shall not be implemented unless sufficient
funds are appropriated by the General Assembly for the purpose of providing such information and training.
45-22-9. On and after July 1, 1989, each employer shall publish in January and July of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the office of such
employer. 45-22-10. (a) No person shall discharge or cause to be discharged or otherwise disci-
pline or in any manner discriminate against any employee for any of the following
reasons: (1) The employee has requested information regarding hazardous chemicals, filed
any complaint or action, or has instituted, or caused to be instituted, any proceeding
under this chapter; (2) The employee has testified or is about to testify in any proceeding in his own
behalf or on behalf of others; or (3) The employee has exercised any other right afforded pursuant to the provisions
of this chapter. (b) No pay, position, seniority, or other benefits shall be lost for exercise of any right
provided by this chapter. 45-22-11. (a) In order to enforce the provisions of this chapter, any employee
adversely affected by a violation of this chapter by that employee's employer may file
an employee grievance with the Commissioner.

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(b) Upon any violation of Code Section 45-22-4 by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability.
(c) Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state.
(d) Any employee adversely affected by a final decision of the Commissioner to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
45-22-12. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an action for damages against the state or any branch, department, board, bureau, commission, authority, or other agency of the state or any member, officer, or employee of the state or any branch, department, board, bureau, commission, authority, or other agency of this state and said entities and persons are granted immunity from civil actions for damages for any violation of the provisions of this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

Coleman N Colwell Y Connell
Y Couch NCox Y Crawford
Crosby Y Cummings.B
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
Green Y Greene Y Greer N Gresham Y Griffin Y Groover Y Hamilton N 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 N Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane.D N Lane.R Y Langford Y Lawler Y Lawrence
Lawson
YLee Y Linder
N Long N Lord Y Lucas
Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey Y McKinney
Y Meadows Y Milam Y Milford Y Mobley
Moody Moore N Morton

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

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

On the passage of the Bill, by substitute, the ayes were 132, nays 24.

THURSDAY, FEBRUARY 25, 1988

1641

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

Representative Oliver of the 121st 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.

Representatives Lawson of the 9th, Wood of the 9th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 665. By Representatives Dover of the llth, Cummings of the 17th, 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; to provide for the expiration of the terms of members serving on the board on the effective date of this amendment; to provide for filling vacancies; 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 II, Paragraph I of the Constitution is amended by striking in its entirety subparagraph (a), which reads as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.", and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a State Board of Education composed of as many members as there are congressional districts in the state. Each member of the board from each congressional district shall be elected by a majority vote of the voters residing in the congressional district and shall serve a term of office of six years. The members of the board in office on the effective date of this amendment shall continue to serve on the board until a time as otherwise provided in this subparagraph. At the general election in 1990, a member of the board of education shall be elected from the second, third, fifth, seventh, and eighth congressional districts by the voters in those respective districts. At the general election in 1992, a member of the board of education shall be elected from the fourth, sixth, ninth, tenth, and first congressional districts by the voters of those respective districts. Any additional congressional district shall be represented on the board by a member elected by the voters of such district at the next general election following the creation of the district. The terms of all members of the board thus elected shall begin the next January 1 after their election. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve until

1642

JOURNAL OF THE HOUSE,

the next general election at which election a member shall be elected by the voters of that congressional district to serve out the remainder of the unexpired term."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the 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 the congressional district for terms of office of six years; to provide for the expiration of the term of members of the board serving on the effective date of this amendment and the filling of vacancies?"

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

The following Committee substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the membership of the State Board of Education shall consist of one member from each congressional district in the state who shall be elected by majority vote of the members of the General Assembly whose districts are embraced or partly embraced within such congressional district and who shall serve staggered terms of office of six years; to provide for the expiration of the terms of members serving on the board on the effective date of this amendment; to provide for filling vacancies; 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 II, Paragraph I of the Constitution is amended by striking in its entirety subparagraph (a), which reads as follows:
"(a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.", and inserting in its place a new subparagraph (a) to read as follows:
"(a) There shall be a State Board of Education composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the General Assembly whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. Members shall serve a term of office of six years and until their successors are elected and qualified. The members of the board in office on the effective date of this amendment shall continue to serve on the board until a time as otherwise provided in this subparagraph. In 1990, a member of the board of education shall be elected from the second, third, fifth, seventh, and eighth congressional

THURSDAY, FEBRUARY 25, 1988

1643

districts as provided in this subparagraph. In 1992, a member of the board of education shall be elected from the fourth, sixth, ninth, tenth, and first congressional districts as
provided in this subparagraph. Any additional congressional district shall be represented on the board by a member elected as provided in this subparagraph. The terms of all members of the board thus elected shall begin the next January 1 after their election.
In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve until the election of a member from that congressional
district as provided in this subparagraph to serve out the remainder of the unexpired term."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the membership of the State Board of Education shall consist of one member from each congressional district in the state who shall be elected by majority vote of the members of the General Assembly whose districts are embraced or partly embraced within such congressional district for terms of office of six years; to provide for the expiration of the term of members of the board serving on the effective date of this amendment and the filling of vacancies?"

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

The following amendment was read and adopted:

Representatives Childers of the 15th and Smith of the 152nd move to amend the Committee substitute to HR 665 as follows:
By changing the words "six years" wherever they appear to the words "four years".

The following amendment was read and lost:

Representative Shepard of the 71st moves to amend the Committee substitute to HR 665 as follows:
By striking on Page 2, Line 14, beginning with the word "of through Line 17, ending with the word "caucus.".
And, inserting in lieu thereof:
"of the voters of each respective congressional district.".

An amendment offered by Representative Shepard of the 71st was read and withdrawn.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HR 665 as follows:

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JOURNAL OF THE HOUSE,

By adding at the end of "term" on Line 6, Page 3, a new sentence:
"Any member so elected may be recalled by a vote of the majority of the members of the General Assembly whose districts are embraced or partly embraced within such congressional district, meeting in caucus on 60 days notice either while the General Assembly is in session or between sessions. The details of such recall to be provided by law.".

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:

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

Y Coleman
Y Colwell Y Connell Y Couch NCoi 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 YGaler YGodbee YGoodwin Y Green Y Greene NGreer N Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty N Heard
Y Hensley Y Herbert
Y Holcomb

Y Holmes Y Hooks Y Hudson
N Isakson Y Jackson,J Y Jackson.W N Jamieson
Y Johnson,D N Johnson,R Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawler Y Lawrence N Lawson NLee Y Under NLong YLord N Lucas Y Lupton N Mangum Y Martin
YMcCoy N McDonald Y McKelvey
McKinney
Y Meadows YMilam Y Milford Y Mobley Y Moody N Moore YMorton

Y Mostiler
N Moultrie Y Mueller Y Oliver.C
N Oliver.M 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 YRandall Y Ransom
YRay Y Reaves N Redding Y Richardson Y Ricketson N Robinson
N 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 NSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C N Thomas,M Y Thompson N Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep N Walker.C N Walker,L
N Wall Ware
Y Watson
Y Watts Y White N Wilder Y Williams.B Y WilliamsJ Y Wilson
Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 128, nays 43.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 residence and homestead.

THURSDAY, FEBRUARY 25, 1988

1645

The following Senate substitute was read:

A BILL

To provide a homestead exemption of $4,000.00 from all 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 residence and homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions.

Section 2. The homestead of each resident of the Gwinnett County school district actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County school district ad valorem taxation in the amount of $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1990, and for all tax years thereafter.

Section 3. The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act.

Section 4. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes.

Section 5. Any person who as of January 1, 1990, has applied for and is eligible for the $2,000.00 exemption from county school district ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act.

Section 6. The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation.

Section 7. 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 provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1988, state-wide 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 immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

YES ) NO

Shall the Act be approved which provides a homestead exemption of $4,000.00 from all Gwinnett County school district ad valorem taxes, except taxes to retire bonded indebtedness, for residents of the Gwinnett County school district?"

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JOURNAL OF THE HOUSE,

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, 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 Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 1504
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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 homestead.

The following Senate substitute was read:

A BILL
To provide a homestead exemption of $4,000.00 from all 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 homestead; to provide for a statement of authority; to provide for applicability; to provide for exceptions; to provide for practices and procedures connected with such exemption; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act is passed pursuant to Article VII, Section II, Paragraph II of the Constitution, authorizing the grant of homestead exemptions from ad valorem taxation levied by local taxing jurisdictions.
Section 2. The homestead of each resident of Gwinnett County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted from Gwinnett County ad valorem taxes other than county school district taxes in the amount of $4,000.00 of the assessed value of the homestead for the tax year beginning January 1, 1990, and for all tax years thereafter.
Section 3. The exemption granted by Section 2 of this Act shall be in lieu of and not in addition to the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state. If the amount of said exemption granted by the general provisions of the Constitution and laws of this state is increased above the amount of the exemption granted by Section 2 of this Act, then such increased general exemption shall apply rather than the exemption granted by Section 2 of this Act.

THURSDAY, FEBRUARY 25, 1988

1647

Section 4. The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, or municipal taxes.

Section 5. Any person who as of January 1, 1990, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation granted by the general provisions of the Constitution and laws of this state shall be eligible for the exemption granted by Section 2 of this Act without applying therefor. Thereafter, application for the exemption granted by Section 2 of this Act shall be made in the same manner as the application for said exemption granted by the general provisions of the Constitution and laws of this state. It shall be the duty of any person to notify the tax commissioner in the event such person becomes ineligible for the exemption granted by this Act.

Section 6. The value of any homestead in excess of the amount exempted by Section 2 of this Act shall remain subject to taxation.

Section 7. 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 provided 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 the November, 1988, state-wide 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 immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption of $4,000.00 from all Gwinnett County ad valorem taxes other than county school district taxes, except taxes to retire bonded indebtedness, for residents of Gwinnett County?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, 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 Gwinnett County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Wall of the 61st moved that the House disagree to the Senate substitute to HB 1505.
The motion prevailed.

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

HB 1548.

By Representative Pettit of the 19th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, 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.

1648

JOURNAL OF THE HOUSE,

The following substitute, offered by Representative Foster of the 6th, et al, was read:

A BILL
To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of public roads generally, 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 increase the maximum overall length of vehicles and semitrailers authorized; to provide limitations; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard; to ensure that Georgia's legal definition of "tandem axle" shall continue to agree with the federal definition; to permit Georgians to be competitive with other states; 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; 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. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of public roads generally, is amended by adding at the end of Code Section 32-6-21, relating to securing loads on vehicles, a new subsection (e) to read as follows:
"(e) (1) Each load of pulpwood or logs transported upon any public road or highway 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 specifications provided in paragraph (1) of this subsection which shall be located approximately 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 subsection."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 32-6-24, relating to length limitations for vehicles and loads, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) As used in this subsection, the term 'processing plant' means a business engaged in manufacturing poles and pilings for commercial purposes.
(2) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required in this paragraph for vehicles exceeding 75 feet in length, an annual permit for these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant or transporting poles for utility companies when such poles cannot be readily dismantled or separated.
(3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code

THURSDAY, FEBRUARY 25, 1988

1649

section, which provides that no trailer shall exceed 45 feet in length, shall not apply to automobile carriers.
(4) Vehicles transporting live poultry shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to vehicles hauling live poultry.
(5) Flat-bed van carriers shall not carry a load exceeding 63 feet in length and shall be clearly labeled with a permanent sign which shall be attached to the rear of the carrier and which shall be marked in letters at least 12 inches high. However, subsection (a) of this Code section, which provides that no trailer shall exceed 45 feet in length, shall not apply to flat-bed van carriers.
(6) On highways designated on or before January lj 1988, by the department under paragraph (2) of subsection (a) of this Code section for use by vehicles exceeding 60 feet in length, on highways designated after January 1^ 1989, by the department for use by trailers ug to 53 feet in length, and on fully limited access highways designed to National System of Interstate and Defense Highway standards, vehicles, consisting of a truck tractor and semitrailer, and loads of ug to 65 feet in overall length may be operated ift
(A) The semitrailer does not exceed 53 feet in length and if the distance between the kingpin of the semitrailer and the axle of the semitrailer is not less than 40 feet and not more than 41 feet. This distance shall be measured between the kingpin and the midway point between the axles which comprise the rearmost tandem axle, if the rearmost axle on the semitrailer is a tandem axle, or between the kingpin and the center of the rearmost axle, if the rearmost axle on the semitrailer is a single axle. For purposes of this paragraph, the term 'kingpin' means a pin or peg designed to be locked into a fifth wheel of a truck tractor to attach a semitrailer to such truck tractor; and
(B) The semitrailer is equipped with a rear underride guard of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 22 inches from the surface as measured with the vehicle empty and on a level surface."
Section 3. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 32-6-26, relating to weight limitations for vehicles and loads, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Tandem axle' means; wrttt April -, 1088, two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 96 inches apart."
Section 4. Said chapter is further amended by striking paragraph (7) of subsection (a) of Code Section 32-6-26, relating to weight limitations for vehicles and loads, which reads as follows:
"(7) 'Tandem axle' means, after April 1, 1988, two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 216 inches apart.", in its entirety.
Section 5. Said chapter is further amended by striking subparagraph (a)(l)(A) of Code Section 32-6-28, relating to permits for excess vehicle weights and dimensions, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The commissioner or an official of the department designated by the commissioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further,

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JOURNAL OF THE HOUSE,

that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways and shall not apply to loads of portable buildings that do not exceed a width of 14 feet. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings er boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width."
Section 6. Said chapter is further amended by striking subsection (c) of Code Section 32-6-28, relating to permits for excess vehicle weights and dimensions, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows:
(1) Charges for the issuance of annual permits shall be as follows: (A) For portable buildings and boats and any vehicle or combination of vehicles, up to and including 12 feet wide and 75 feet long ....................................................................................................$ 100.00
However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported portable buildings may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the 60 foot limitation provided for in Code Section 32-6-24, provided that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways;
(B) For heavy equipment:
(i) Overweight, overlength, or overwidth .................................................. 100.00
(ii) Overheight (any equipment) ................................................................... 50.00
A tractor and trailer (low boy type) may, after depositing a load referred to in this subparagraph, return to its point of origin even though the unloaded tractor and trailer (low boy type) may exceed the 60 foot limitation provided for in Code Section 32-6-24, up to and including 12 feet wide and 75 feet long, provided that the unloaded tractor and trailer (low boy type) referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways;
(C) For loads of concrete pipe, cotton, and plywood which do not exceed nine feet wide ............................................................................. 100.00
Provided that such loads may not be operated on the National System of Interstate and Defense Highways;
(D) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, up to and including ten feet wide and 75 feet long .............................................................. 100.00
However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported modular homes or sectional houses may, after depositing

THURSDAY, FEBRUARY 25, 1988

1651

any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways;
(E) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, from ten feet wide up to and including 12 feet wide and 85 feet long .................................. 250.00
However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported modular homes and sectional houses may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the movements made under the authority of these annual permits shall be authorized only on those routes specified as part of an approved route system; provided, further, that the mobile homes, modular homes, and sectional houses referred to in this subparagraph, regardless of the length of the towing vehicle, shall not exceed a length of 70 feet from the center of the hitch ball cup to the rearmost part of the load; and provided, further, that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways;
(F) For the annual permits authorized by paragraph (2) of subsection (b) of Code Section 32-6-24 for vehicles exceeding 75 feet in length ............................................................................................ 100.00
(G) For the annual permits authorized by subsection (a) of Code Section 32-6-24 for trailers which are over 45 feet in length .................................................................................................................... 10.00
(H) For loads of round hay bales which do not exceed 11 feet wide .................................................................................................................... 10.00
Provided that the annual permit shall specify the route or routes upon which such loads may be operated.
(2) The charges for the issuance of three-month permits for loads of tobacco whose width does not exceed nine feet shall be $25.00, provided that such loads may not be operated on the National System of Interstate and Defense Highways.
(3) Charges for the issuance of single-trip permits shall be as follows: (A) Portable buildings and boats:
(i) Up to and including 12 feet wide, 75 feet long ..................................$ 10.00
(ii) Boats in excess of 12 feet wide .............................................................. 20.00
(iii) Portable buildings in excess of 75 feet long ......................................... 20.00
(iv) Portable buildings in excess of 12 feet wide up to and including 14 feet wide .......................................................................................... 20.00
(B) Heavy equipment:
(i) Over on only one of the following limitations: Weight, length, height, width ....................................................................................... 5.00
(ii) Over more than one of the above limitations ...................................... 10.00

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(C) Miscellaneous:
(i) Houses ....................................................................................................... 20.00
(ii) Off-road equipment ................................................................................. 5.00
(iii) Timber, structural members, poles, and piling over 75 feet long .................................................................................................................. 5.00
(iv) Other oversized loads not herein specified .......................................... 20.00
(v) Other overheight loads not herein specified ...................................... 5.00
(D) Mobile homes, modular homes, and sectional houses:
(i) Up to and including 12 feet wide and the maximum lengths allowed ................................................................................................. 10.00
(ii) For double-wides up to and including a 12 foot wide box and a one-foot roof overhang, when being towed with the roof overhang against the right-hand shoulder of the road away from the centerline, and up to the maximum lengths allowed ................................................................................................................. 15.00
(iii) In excess of 12 feet wide up to and including 14 feet wide and the maximum lengths allowed ............................................................ 50.00
(E) Loads of round hay bales which do not exceed 11 feet wide ............... 10.00
Notwithstanding any other provisions of this Code section, any vehicle transporting or towing a mobile home, modular home, r sectional house2 or portable building in excess of 144 inches wide shall yield the right of way to all approaching vehicles so that one-half of the roadway shall be available to vehicles approaching and passing from the opposite direction. Whenever four or more vehicles overtake and follow a mobile home, modular home, er sectional housej or portable building in excess of 144 inches wide, the vehicle transporting or towing the mobile home, modular home, r sectional housej or portable building shall pull the mobile home, modular home, or sectional housej or portable building as far to the right as possible at the first reasonable location, stopping if necessary, and shall allow the vehicles following the mobile home, modular home, or sectional housej or portable building to pass safely. Any person who violates this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 and the permits authorized in this Code section for vehicles wider than 144 inches shall be suspended for 90 days. Upon a second conviction within two years, the fine shall be not less than $150.00 and the suspension of the permit for vehicles wider than 144 inches shall be for 180 days. Upon a third conviction within two years, the fine shall be not less than $300.00 and the permits for vehicles wider than 144 inches shall be suspended for one year. Any officer authorized to enforce the traffic laws of this state shall be empowered to enforce this paragraph."
Section 7. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 2 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and at such time that trailers of 53 feet in length or more are authorized to be operated on the public roads and highways in at least three states bordering Georgia.
(c) Sections 3 and 4 of this Act shall become effective on April 1, 1988.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 25, 1988

1653

An amendment, offered by Representative Twiggs of the 4th, et al, was read and withdrawn.

The following amendments were read and adopted:

Representative Carrell of the 65th moves to amend the Floor substitute to HB 1548 as follows:
Insert on Line 25, Page 6, after "Building" "without any contents therein".

Representative Carrell of the 65th moves to amend the Floor substitute to HB 1548 by striking line 17 of page 5 and inserting in lieu thereof the following:
"than 96 216 inches apart.'"

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 education 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; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State Seheel Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be composed of the Attorney General, the Secretary of State, the State Seheet Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of

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the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he the officer was suspended. While a public official is suspended under this Paragraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from hw the office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from Ms the office. If the officer is reinstated to office, he the officer shall be entitled to receive any compensation withheld under the provisions of this Paragraph."
Section 2. Article V, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, State Seheel Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."
Section 3. Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State Sheel Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor."
Section 4. Article V, Section III, Paragraph II of the Constitution is amended by striking subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows:
"(a) No person shall be eligible to the office of the Secretary of State, Attorney General, State Sheel Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties."

THURSDAY, FEBRUARY 25, 1988

1655

Section 5. Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor."

Section 6. Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows:
"Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.", and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Commissioner of education. There shall be a commissioner of education, who shall be the executive officer of the State Board of Education. The person serving as State School Superintendent on January 1, 1989, shall continue to serve as State School Superintendent for the remainder of the term to which the person was elected. Thereafter, the commissioner of education shall be appointed by the State Board of Education to serve for such term of office, not exceeding four years, as said State Board of Education shall determine. The commissioner of education shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for appointment as commissioner of education during the term of office for which the member was appointed as a member of the State Board of Education."

Section 7. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for the office of commissioner of education in place of the office of State School Superintendent and to authorize the State Board of Education to appoint said commissioner of education?"

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

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

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien YAthon

Y Atkins Y Bailey
Balkcom
Y Bannister N Bargeron
Barnett,B YBarnett,M

Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick N Branch

Y Brooks Y Brown Y Buck
Y Buford Y Byrd N Carrell Y Carter

Y Chambless N Chance N Cheeks
Y Childers Y Clark,B N Clark.H N Clark.L

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JOURNAL OF THE HOUSE,

Colbert N Coleman Y Colwell Y Connell N Couch NCox Y Crawford
Y Crosby N Cummings.B Y Cummings.M
N Davis.G N Davis.M Y Dixon Y Dobbs N Dover
YDunn 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 Manner N Harris Y Hasty Y Heard N Hensley Y Herbert
Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Jackson,J N Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston N Lane.D
N Lane.R Y Langford
Y Lawler Y Lawrence
Y Lawson YLee Y Linder YLong NLord

N Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey McKinney Meadows
Y Milam N Milford Y Mobley
N Moody Y Moore
Y Morton Y Mostiler Y Moultrie
Y Mueller N Oliver.C
Y Oliver.M Orrock
N Padgett Y Pannell
N Parham N Parrish
Y Patten N Peters
Y Pettit N Phillips

Y Pinkston
Y Pittman N Porter N Powell N Prichard
N Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom NRay Y Reaves
Y Redding Y Richardson N Ricketson Y Robinson Y Royal N 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
N Stanley Y Steinberg Y Stephens N Thomas.C
Y Thomas.M Thompson
Y Thurmond N Tolbert Y Townsend Y Triplett
Twiggs Waddle
N Waldrep Walker.C
Y Walker,L N Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J N Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 119, nays 45.

The Chair voted "aye". On the adoption of the Resolution, the ayes were 120, nays 45. The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Thompson of the 20th submitted the following statement:

"Let the records show that Representative Thompson of the 20th had trouble with his machine malfunctioning during the passage of SR 270. He would like to be recorded as
voting "aye" thereon."

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

THURSDAY, FEBRUARY 25, 1988

1657

AFTERNOON SESSION

The Speaker Pro Tem 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 the requisite constitutional majority the following Bills of the Senate:
SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.
SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the purpose of hunting.
SB 665. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to the reporting of child abuse, so as to protect employees making reports of child abuse from retaliation or discrimination by their employer; to provide civil penalties for employers retaliating or discriminating against employees for reporting child abuse; to provide an effective date.
SB 674. By Senator Foster of the 50th:
A bill to provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum and effective dates.
SB 675. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Madison, as amended, so as to change the corporate limits of the city; to provide an effective date.

1658

JOURNAL OF THE HOUSE,

SB 676. By Senator Brannon of the 51st:
A bill to provide for a board of registrations and elections for Gordon County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for clerical assistants and other employees of the board; to provide compensation for members of the board.

SB 677. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date.

SB 678. By Senator Brannon of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordinances, rules, and regulations.

SB 679. By Senator Brannon of the 51st:
A bill to amend an Act providing the method of election of the members of the board of education of Gilmer County so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board.

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

HR 754. By Representative Benn of the 38th:
A resolution commending Dr. Alonzo A. Crim and inviting him to appear before the House of Representatives.

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 insists on its substitute to 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 commission, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.

THURSDAY, FEBRUARY 25, 1988

1659

The following Resolutions of the House were read and adopted:

HR 907. By Representatives Stephens of the 68th, Thurmond of the 67th and Mobley of the 64th:
A resolution commending Howard Brett Manis.

HR 908. By Representatives Stephens of the 68th, Thurmond of the 67th and Mobley of the 64th:
A resolution commending Chris Virginia Cockfield.

HR 909. By Representatives Redding of the 50th, Clark of the 55th, Richardson of the 52nd, Aaron of the 56th, Athon of the 57th and others:
A resolution recognizing and commending McMillan C. Baggett.

HR 910. By Representatives Childers of the 15th, Brown of the 88th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing the Georgia Association of Nurse Anesthetists.

HR 911. By Representatives Birdsong of the 104th and Groover of the 99th: A resolution commending Mr. Eston Altman.

HR 912. By Representatives Dunn of the 73rd, Murphy of the 18th, Walker of the 115th, McDonald of the 12th and Isakson of the 21st:
A resolution congratulating Elle Dunn on her sixteenth birthday.

HR 913. 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 resolution commending Mr. Bill Spencer.

HR 914. By Representatives Greene of the 130th, Crawford of the 5th, Balkcom of the 140th, Lord of the 107th, Long of the 142nd and Mobley of the 64th:
A resolution commending Marvin Devane Farms.

HR 915. By Representatives Ray of the 98th and Waldrep of the 80th: A resolution expressing regrets at the passing of Mr. John Hutto.

HR 916. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Hooks of the 116th:
A resolution commending Duncan Moore.

HR 917. By Representative Barnett of the 59th: A resolution commending the Amberley Motel.

HR 918. By Representative Greene of the 130th: A resolution expressing sympathy at the passing of Honorable Hubert Hobbs.

1660

JOURNAL OF THE HOUSE,

HR 919. By Representative Greene of the 130th: A resolution expressing sympathy at the passing of Mr. Cornelius Ford.

HR 920. By Representatives Greene of the 130th, Crawford of the 5th, Bargeron of the 108th, Lord of the 107th, Harris of the 84th and Mobley of the 64th:
A resolution commending Honorable Roger Byrd.

HR 921. By Representatives Connell of the 87th, Padgett of the 86th and Ransom of the 90th:
A resolution commending Castleberry's Food Company.

HR 922. By Representatives Connell of the 87th, Padgett of the 86th and Ransom of the 90th:
A resolution commending Judson C. Hickey. D.D.S., M.Sc.

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 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 homestead.

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

SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insurers to guarantee certain consumer warranty agreements; to provide for related matters.
Referred to the Committee on Insurance.

SB 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.
Referred to the Committee on Insurance.

THURSDAY, FEBRUARY 25, 1988

1661

SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation.
Referred to the Committee on Judiciary.

SB 653. By Senator Langford of the 35th:
A bill to provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a referendum; to repeal a previously existing homestead exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 655. By Senator Langford of the 35th:
A bill to amend an Act abolishing the office of coroner of Pulton County and creating the office of medical examiner of Fulton County so as to provide additional powers for the medical examiner of Fulton County; to provide for compelling the attendance of witnesses and for the production of evidence.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 658. By Senator Deal of the 49th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that uninsured and underinsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons; to provide exceptions; to provide for reduced premium rates.
Referred to the Committee on Insurance.

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 670. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to authorize the board of commissioners to lease certain county owned property.
Referred to the Committee on State Planning & Community Affairs - Local.

1662

JOURNAL OF THE HOUSE,

SB 671. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 672. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.
Referred to the Committee on Health & Ecology.
SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the purpose of hunting.
Referred to the Committee on Judiciary.
SB 665. By Senators Langford of the 35th and Walker of the 43rd:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to the reporting of child abuse, so as to protect employees making reports of child abuse from retaliation or discrimination by their employer; to provide civil penalties for employers retaliating or discriminating against employees for reporting child abuse; to provide an effective date.
Referred to the Committee on Industry.
SB 674. By Senator Foster of the 50th:
A bill to provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum and effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 25, 1988

1663

SB 675. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Madison, as amended, so as to change the corporate limits of the city; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 676. By Senator Brannon of the 51st:
A bill to provide for a board of registrations and elections for Gordon County; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for clerical assistants and other employees of the board; to provide compensation for members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 677. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 678. By Senator Brannon of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordinances, rules, and regulations.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 679. By Senator Brannon of the 51st:
A bill to amend an Act providing the method of election of the members of the board of education of Gilmer County so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

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

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

1670

JOURNAL OF THE HOUSE,

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 Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of population bills.

The following amendment was read and adopted:
Representatives Benn of the 38th, Couch of the 40th and Martin of the 26th move to amend HB 1872 by adding at the end of line 17 of page 2 the following:
"provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having less than a specified population enacted prior to July 1^ 1988, or which become effective July lj 1988;".
By adding at the end of line 20 of page 2 the following:
"provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having more than a specified population enacted prior to July lj 1988, or which become effective July lj 1988;".
By adding at the end of line 24 of page 2 the following:
"provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying on the basis of the population of standard metropolitan statistical areas enacted prior to July i, 1988, or which become effective July i, 1988;".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y 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 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 Y Cox Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis,M
Di*on Dobbs Dover Y Dunn Y Edwards N 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 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 Y Lawler Y Lawrence Y Lawson Y Lee
Linder
Y Long Y Lord Y Lucas N Lupton Y Mangum

N Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows
Y Milam Milford
Y Mobley Y Moody Y Moore Y Morton
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
Pinkston Y Pittman
Y Porter Y Powell Y Prichard Y Rainey

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

THURSDAY, FEBRUARY 25, 1988

1671

N Townsend Y Triplett Y Twiggs Y Waddle

Y Waldrep Y Walker.C Y Walker.L Y Wall

Ware Y Watson Y Watts
White

Y Wilder Williams.B Williams,J
Y Wilson

Wood Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 7.
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 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 certain nonresident hunting licenses.

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 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 certain nonresident hunting licenses; to authorize the commissioner of natural resources to adjust the fee for certain nonresident fishing or hunting licenses for residents of certain states which do not have certain reciprocal agreements; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new subsection at the end of Code Section 27-2-4, relating to honorary hunting and fishing licenses, to be designated subsection (e), to read as follows:
"(e) The board is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older, so as to provide honorary hunting and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence."
Section 2. Said title is further amended by striking subsection (e) of Code Section 27-2-5, relating to required hunter education courses, and inserting in its place a new subsection (e) to read as follows:
"(e) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence if that course shall have been approved by the Board of Natural Resources. Those persons applying for a ten-day seven-day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a ten-day seven-day nonresident hunting license."

1676

JOURNAL OF THE HOUSE,

Representative Dunn of the 73rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lucas of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities; 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 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, is amended by striking paragraph (2) of subsection (c), which reads as follows:
"(2) Alcoholic beverages may be sold on Sundays, as provided in paragraph (2) of subsection (b) of this Code section.", and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 3,500 persons; in eating establishments; and in locally designated special entertainment districts. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. As used in this paragraph, the term 'special entertainment districts' means contiguous properties upon which is located a festival marketplace and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a governmental entity."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 25, 1988

1677

Representatives Wall of the 61st, Gresham of the 21st and Shepard of the 71st stated that they wished to be recorded as voting "nay" on HB 1848.

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.

The following Committee amendment was read and adopted:

The Committee on Natural Resources and Environment moves to amend HB 1851 by adding after line 17 on page 3 a new subsection (c) to read as follows:
"(c) It is the intent of the General Assembly to create an environmental assurance fund which, in addition to those purposes set forth in Code Sections 12-13-9(f) and 12-13-9(g), may also be used by owners and operators as an alternate to insurance purchased from insurance companies for purposes of evidencing financial responsibility for taking corrective action and compensation of third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating underground storage tanks."
Further, amend HB 1851 by deleting lines 10 through 27 on page 15 in their entirety and substitute in lieu therefor a new paragraph (a) to Code Section 12-13-10 to read as follows:
"12-13-10. (a) In order to participate in the liability limitations and reimbursement benefits of the Underground Storage Tank Trust Fund, a potential claimant shall pay to the Division his or her share of an environmental assurance fee on each gallon of petroleum products imported into this State. Such fees shall be established by the board in such amount as is sufficient to assure the funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from a release of regulated substances from an underground storage tank, at a rate not to exceed 0.1? per gallon. This fee shall be collected by the terminal operator upon request of the owner or operator when the petroleum is removed from a terminal by the person who sells the petroleum, or if the petroleum product will never be stored in a terminal in this State then by the importer thereof, and paid to the Department. Proof of such payment shall be provided the owner or operator. Exchanges of petroleum products on a gallon-for-gallon basis within a terminal shall be exempt from this fee. Petroleum product which is subsequently exported from this State is exempt for this fee."
Further amend HB 1851 by deleting the word "April" on line 27 on page 27 and inserting in lieu therefor, the word "July".

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

Y Aaron
Y Adams.G Y Adams.M YAiken Y Alford
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
Y Birdsong

Bishop
Y Bostick Y Branch
Brooks Y Brown
Y Buck

Y Buford
Y Byrd Carrell
Y Carter Y Chambless
Y Chance

1678

JOURNAL OF THE HOUSE,

Y Cheeks Y Childers
Clark,B
Y Clark,H Y Clark.L Y Colbett Y Coleman Y Colwell
Connell Couch NCo* Y Crawford Crosby Y Cummings.B Cummings.M Y Davis.G Davis.M Y Dixon
Y Dobbs Y Dover Y Dunn
Edwards Y Felton
Y Floyd Y Foster YGaler
YGodbee Y Goodwin Y Green Y Greene

YGreer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Banner Y Harris Y Hasty Y Heard Y Hensley
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 Linder YLong YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore Y Mortpn
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
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y1 Royal Y Selman N Shepard
Y Sherrod Y Simpaon 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 Y Thurmond Y Tolbert Y Townsend Y Triplett N Twiggs Y Waddle Y Waldrep Y Walker.C
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, as amended, the ayes were 149, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 enforcement 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.

The report of the Committee, which was favorable to the 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
Bird&ong 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
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
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 Y Langford
Y Lawler Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Y Lupton Mangum Martin
YMcCoy Y McDonald Y McKelvey

THURSDAY, FEBRUARY 25, 1988

1679

McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morion
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 Y Pinkston Y Pittman Y Porter
Powell
Y 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
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 Y Townsend Y Triplett YTwiggs Y Waddle

Y Waldrep Y Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White
Wilder Y Williams.B
William3,J
Y Wilson YWood
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.

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 331. 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 Equalization; 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 and amendments thereto, previously adopted on February 22, 1988 were again 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 procedures 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 commissioncr, xR Qctciition TO its otfici* duties, tne Dosrct sftflii ncflr &nu QGtermIR oil uppcius
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

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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 property 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 percentage 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 do 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 commissioner 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 proposed assessment of its property and shall state in the notice that the taxpayer shall tisve sy dftys Qttcp tne d&te oft wn'rcn tiift notice wfls m&iied m wnicn to sutMnit to trie commisaioncr a written appeal ef- the proposed assessed valuation and request a hearing en 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 commission.
ts not mftdCj tile proposed Assessment sn&li become tm&t find conciusive ftt tfte dose el the twentieth day after the notice was mailed. Except s otherwise specifically pre-
trie commissioner, tne due d&te tor tne pflyment ot t&xes &nd trie ftccpufti OT interest and penalty shall be as provided by laws applicable te property taxpayers generally.
\CT IT ft timely ftppeftt find reQuest tor ft neflpirig is m&ue^ tne t&xp&yer snflii p&y
puted, based upon the values stated in the taxpayer's tetwB and any other basis -for relief authorized by state er federal law; together with any applicable interest and penflity. j_Minng trie pendency of tiie flppe&i oetope tne otflte BOflPd of cjcjufliiz&11on find &ny suusccjuent judidfli peview interest sii3.it &CCPUC ftt tne p&te provided oy oode Section 48-2-40 en aH unpaid amounts that are finally determined te be payable.
{) The State Beard ef- Equalization shall have jurisdiction te> ftear and- determine an issues raised Dy tnc taxpayer m tnc appeal, l nc Doard snail maxc tindings et tact and conclusions ef- law and issue an erdef embodying its decision.
{4) Tne State Beard ef Equalization ntay conduct hearings itself er it utay appoint one of more nettling otiiccps on d tun of pflpt timc D&SIS to conduct fieorin^s find pp& pare recommended dispositions fer consideration by the board. The board acting through the commissioner and its hearing officers shall have authority tet
(A) Administer oaths aad affirmations; {B) Sign and isstte subpoenas fer trial and fer discovery and otherwise authorize &nd re^uidte discovery m proceedings Dotorc trie Do&Pd oy tne &tme metnods pre* scribed by law fer discovery in civil actions in the superior courts ef this state; { ) Rule upon offers ef proof;
tinuances thereof; {E) Take official notice ef- judicially recognizable facts; (F) Receive and consider nonprivilegod matters net strictly admissible under the
rules ef- evidence, giving them such weight as appears proper in the circumstancca;
(G) Reprimand and exclude frem a hearing any person fer indecorous er improper conduct committed at er daring a hearing. \Of IT ftny person witiiuiiy 10.119 OP Fetuses to ouey ft suopoons issued pursuflnt to pcirQgrtxpn \*tj ot tRis su osection ^ it snftii Be* tne duty ot tne jud^e ot trie superior court ef any county, upon application ef the beard er the hearing officer, te issue an attachment top sucn witness fttid compel iiim to &ttend snd give nis testimony upon sucn

THURSDAY, FEBRUARY 25, 1988

1681

infitters fts sii&il "fre lawfully reQuiped} 3rid sflid court 8iifl.li iiflve power to punisn lor contexxipt fts tft otnep Cftscs of fetusfll to oocy tne process dnd order of SUCH court find m CQ36 Or ft tftiiupe to fftft&e discovery Dy ft pflpty nifty impose sftnc11on3 under t_iode Section 9-11-37.
\\y/ \TT/ ift every eft96*, tne tftxpftyep sriflll i&e [iveR not less tnftn &w dflys notice OT s nCftpin^ Detope ft nefipin^ oiiiccp, ft neftPing Deiore tne DO&PU, OP ft fieftPIng uy
waived, a complete record at proceedings shaH be made at each such hearing. \o/ in trie c&se Or ft fieftFiH^ Detore ft neftPinjj officer, tne t&xpflyeP snftii De iven
a eepy erf the findings and recommendations ef the hearing officer. \v77 tft tne c&3e of ft lie&Ping uy tne oo&pct on tne findings &nct pecomiBenufttions
of ft fieflpHi^ oiticepj tne tftxp&yep nifty tile witn tne tX)flPd written oujections snd may appear before the beard te afgae seh objections.
te the taxpayer by personal service or by registered or certified mail, retwtt receipt requested.

property. \ej A ne t&xpflyeP mfty sppefli tfte tHidi decision ot tfte ooftpd to tne superior court given jurisdiction by subsection {a) ef Code Section 48-2-60. Saeh an appeal ay be initidtcd t)y ftR ftppefli tiled i&y tne t&xp&yeP witn tne ooftpd witnin ou dflys "Ot service ~or receipt ef- the decision ef the board. The beard should certify the appeal and the feeefd
superIOP court sftflil i&e on tne record ceptilied oy tne ooftPd &nd snsil oe limited to trie issues 9pec11led m tne t&xpflyep s ftppefli to tne DoflFd. 1 ne decision OT ttie oo&Pd sn&ii be taken as prima-fncie correct and the superior court shall affirm if- the decision is- supported by substantial evidence e the reeeW as a whefe As used i this subsection, the term su ostftntifti evidence meftns1 sucn peievsnt evidence fts~ ft peftsonft Die mind* mi^nt ftccept fts ftdeQuftte to support ft conclusion.
\TT m tne event ftny order, decision^ OP otnep fiction ot tne topmep otflte .BoflpQ 01 HKJU&iiz&11on cpeflted oy topmef Oodc ocction ^umiL~iQ &nd prior iftws is detePHIined* of held te be er te have been rmHj void, er ineffective for any reason, the department, the
snd tne new otftte DOAFd of HiQUftiizfltion creftted" Dy tnis oode section nflve tne QUtnonty to t&Ke fill &pppoppiftte steps to eitect vfliid opdcrs, er other action respecting the matters involved. Seh authority shall include, btrt net be limited to, tne Fi^nt to tttKe tne fiction specified tti su Dsections \&) tnpou^n \e^ of tiHS Oode section tuny fts tnou^A tne tomiep otste ooftrd of cjQUftiizfttion ndd never flcted
TlYVljCfnUy/v'Kil 11*A*, 1ii7QOR"<It.
(d) Within 30 days after receipt of the proposed digest of assessments, the county board of tax assessors shall make the final assessment of the property in question and provide notice to the taxpayer. Such notice and any appeal therefrom shall be accomplished as is provided by Code Sections 48-5-306 and 48-5-311.
(e) Assessments made in accordance with subsection (d) of this Code section shall be added to the regular county digest at the time the digest is transmitted to the commissioner or at such time as the digest is otherwise required to be compiled.
(f) The notice and appeal procedures provided for in this Code section shall not apply to any decision of the board relating to the assessed value of motor vehicle property."
Section 2. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 48-5-274, relating to equalized adjusted school property tax digests, and inserting in their place new subsections to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest.

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The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as he deems necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of public utility railroad equipment company property shown on the county public utility railroad equipment company property tax digest;
(2) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection;
(3) Determine the sum of the assessed valuation of the county public utility railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing public utility railroad equipment company properties throughout the state;
(4) The total of the sums obtained through the calculations prescribed in paragraphs (2) and (3) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and
(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding public utility railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined
by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be
obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles and bank stock, within the county as is
finally determined for real property within the county. (b) The average ratio of assessed value to true value of county property to be estab-
lished by the state auditor for the purposes of paragraph (5) of subsection (a) of this Code section shall be established through the use of personnel of the Department of
Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques.
(c) The average ratio of assessed value to true value determined for each county shall
be used as provided for in this Code section until such time as a new ratio is determined on a continuing basis for a particular county. When any county digest submitted to the
commissioner under Code Section 48-5-302 reflects an increase or decrease of 5 percent or more from the digest of the year in which the last ratio was established for that
county in accordance with paragraph (5) of subsection (a) of this Code section, the state
auditor, in accordance with the procedures prescribed in this Code section, shall determine a new ratio for the county as soon as the necessary studies can be completed."

THURSDAY, FEBRUARY 25, 1988

1683

Section 3. Said title is further amended by striking Code Section 48-5-402, relating to ad valorem school taxation of public utilities, and inserting in its place a new Code section to read as follows:
"48-5-402. (a) All real and personal property including, but not limited to, franchises belonging to a public utility which is required to make its returns to the commissioner, when the property is within the taxable limits of any school district, shall be subject to taxation by the school district as fully and completely as is the property of other persons within the taxable limits of the school district.
(b) (1) It is the duty of every public utility, in addition to the facts otherwise required to be included in its returns to the commissioner, to show in its return the fair market value of its property in each of the school districts in which its property is located. For the purpose of enabling the public utility to show in its returns the fair market value of its property in each school district, each county superintendent of schools shall furnish to each public utility information as to the boundaries of each school district in which the public utility may have property so as to enable the public utility to determine the amount of its property in each school district. The county superintendent of schools shall also furnish similar information whenever the boundaries of any school district are changed.
(2) The rolling stock, franchises, and other personal property of public utilities shall be distributed to the school districts on the same basis that rolling stock, franchises, and other personal property are distributed to counties and municipalities as provided by law. (c) In all cases where taxes are authorized for school purposes in the counties or school districts, each public utility's annual return to the commissioner shall set forth all its taxable property in the county or school district. The commissioner shall assess fix the proposed assessment of the utility's property for school purposes at the same time and in the same manner as he is authorized by law to assess fix the proposed assessment of the property for ordinary county purposes. The commissioner shall assess the property of railroad equipment companies and shall apply the school tax rate fixed by the school authorities in the counties or school districts. The school tax rate shall be certified and transmitted to the commissioner by the county authorities at the same time they certify to the commissioner the county tax rate for ordinary county purposes in eases ef- public utility property. (d) The commissioner shall use the same procedures for collecting school taxes of railroad equipment companies, insofar as they can be applied, as are provided for the collection of county taxes due from public utilities railroad equipment companies under Article H ef this chapter Code Section 48-5-519. When it becomes necessary for the commissioner to issue a tax fi. fa. for county purposes as well as for school purposes, he may include the school tax in the fi. fa. and shall specify separately in the assessment and tax execution the amount of the county taxes for ordinary purposes and the amount for school purposes so that the tax commissioner or tax collector, after collecting the taxes, can pay over each tax to the proper person authorized by law to receive the tax. Should the taxpayer desire to contest the taxability of his property, as provided under this Code section subsection and Code Section 48-5-403, he may do so by bringing an action for equitable relief in the Superior Court of Fulton County."
Section 4. Said title is further amended by striking Code Section 48-5-423, relating to valuation of special franchises, and inserting in its place a new Code section to read as follows:
"48-5-423. (a) The In arriving at a proposed assessment, the commissioner shall not be bound to accept the valuation fixed for a special franchise in the return made but shall review the return and valuation. When the commissioner refuses to accept the return, the subsequent proceedings shall be in all particulars the same procedures as are provided by law in the case of refusal to accept the returns made by public utilities of their tangible property.
(b) Special franchises shall be taxed at the same rate as other property upon the value of the special franchise as returned or; if the value returned is not accepted, upon the value determined by the commiasieflef as provided in subsection {&) ef this Code

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8ection county board of tax assessors. The tax on special franchises shall be levied and collected in the same manner as is provided by law in the case of the tangible property of public utilities."
Section 5. Said title is further amended by striking Code Section 48-5-424, relating to ad valorem taxation of special franchises, and inserting in its place a new Code section to read as follows:
"48-5-424. (a) In the case of any special franchise exercised beyond the limits of one county, municipality, or school district, the return provided for in this article shall show, as in the case of telegraph lines, telephone lines, railroads, or steamboats, the number of miles over which the railroad, telegraph, telephone, or other franchise is exercised in each county, municipality, and school district. The information required by this Code section shall be shown in the same manner as is required of a public utility for the return of its tangible property.
(b) The valuation for taxation of special franchises in each county, municipality, and school district in or through which the franchise is exercised shall be apportioned to the county, municipality, and school district in the same manner as is provided by law for the apportionment of the tangible personal property of public utilities.
(c) The commissioner shall certify to every municipality and to the taxing authorities of every county the name proposed assessment of every special franchise taxable within the county, municipality, or school district and the amount ef- taxes dtie from the franchise te tfee county, municipality, ef school district in the same manner as is provided by law in the case of public utilities.
(d) Taxes due each county, municipality, or school district on a special franchise shall be assessed, collectedj and enforced in the same manner as is provided by law in the case of other taxes due from public utilities to the county, municipality, or school district."
Section 6. Said title is further amended by repealing in its entirety Code Section 48-5-514 which reads as follows:
"48-5-514. The returns of public utilities for purposes of county, municipal, and school taxation shall be subject to the same inspection, objection, and assessment by the commissioner and to appeal to the State Board of Equalization as is provided by law for returns of such property for purposes of state taxation.", and inserting in its place the following:
"48-5-514. Reserved."
Section 7. Said title is further amended by repealing in its entirety Code Section 48-5-516 which reads as follows:
"48-5-516. In all cases of assessment or of correction of returns as provided by law, the taxpayer concerned shall be notified in writing by mail and, if the taxpayer is dissatisfied, it shall have a right of appeal within 20 days after the notice to the State Board of Equalization. The appeal shall be perfected by filing it in writing with the commissioner. Otherwise, the appeal shall follow as far as practicable the procedure for an appeal by a taxpayer to his county board of equalization.", and inserting in its place the following:
"48-5-516. Reserved."
Section 8. Said title is further amended by repealing in its entirety Code Section 48-5-517 which reads as follows:
"48-5-517. (a) Each chief executive officer shall pay to the commissioner the taxes assessed upon the property of his public utility.
(b) All chief executive officers shall pay the taxes due the state on or before September 1 of the year returns are required to be made.", and inserting in its place the following:
"48-5-517. Reserved."
Section 9. Said title is further amended by striking Code Section 48-5-519, relating to ad valorem taxation of railroad equipment companies, and inserting in its place a new Code section to read as follows:

THURSDAY, FEBRUARY 25, 1988

1685

"48-5-519. (a) Any person owning, leasing, furnishing, or operating any kind of railroad 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 commissioner 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 valuation 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 equipment companies shall be fixed in the same manner as the proposed assessments of property 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 proposed. 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 collected 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 collected subject to adjustment upward or downward, as the case may be. Such adjustments 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 th amount ef tax dae 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

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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 undetermined, 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 determined. 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 illegality 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 te its ta* 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 te> retwn

THURSDAY, FEBRUARY 25, 1988

1687

sppcsis by other tftxpsyers WHO ftrc rcQuircct to return their property tor set VSIOFCIH

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.
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 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 appropriate counties any additional taxes owed, with interest at the rate provided by law for judgment.".
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."
Representative Groover of the 99th moved that the House reconsider its action in adopting the Beck of the 148th amendment.
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
N Bailey

Y Balkcom N Bannister N Bargeron
Y Barnett.B N Barnett,M N Beck
N Benefield Benn
N Birdsong

Y Bishop Y Bostick Y Branch
Brooks Y Brown Y Buck
Y Buford Y Byrd
Y Carrell

Y Carter N Chambless Y Chance
N Cheeks Y Childers Y Clark.B
N Clark.H N Clark.L
N Colbert

Y Coleman Y Colwell
Connell
N Couch N Cox N Crawford
Y Crosby Y Cummings.B
Cummings.M

1688
Y Davis.G N Davis.M Y Dixon
Dobbs N Dover Y Dunn Y Edwards N Felton Y Floyd
Foster Y Galer N Godbee N Goodwin Y Green N Greene Y Greer N Gresham
Griffin Y Groover Y Hamilton Y Manner Y Harris N Hasty N Heard Y Hensley N Herbert N Holcomb

JOURNAL OF THE HOUSE,

N Holmes Y Hooks Y Hudson N Isakson Y Jackson,J N Jackson.W N Jamieson N Johnson.D
Johnson,R Kilgore Y Kingston
N Lane,D N Lane.R Y Langford N Lawler
N Lawrence Y Lawson NLee N Linder N Long YLord Y Lucas
N Lupton Mangum
N Martin
N McCoy McDonald

N McKelvey
N McKinney N Meadows N Milam Y Milford
N Mobley N Moody Y Moore N Morton
Mostiler N Moultrie N Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y 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
Randall
N Ransom
YRay N Reaves
Y Redding Y Richardson N Ricketson Y Robinson
Y Royal Y Selman N Shepard
Y Sherrod Y Simpson N Sinkfield N Sizemore
N Smith.L N Smith.P Y Smith.T N Smith.W Y Smyre N Snow Y 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 Y Waldrep N Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts N White N Wilder N Williams.B
Williams.J
Y Wilson Y Wood Y Workman N Yeargin
Murphy,Spkr

On the motion, the ayes were 77, nays 84. The motion was lost.

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

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

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

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

Mostiler N Moultrie
N Mueller
Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y 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 Y Ramsey.V
Randall
N 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 N Smith.L
N Smith,P Y Smith.T N Smith.W Y Smyre
NSnow Y Stancil N Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
N Tolbert N Townsend
Triplett Y Twiggs N Waddle Y Waldrep Y Walker.C Y Walker.L N Wall N Ware
Y Watson Y Watts Y White N Wilder N Williams,B
Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

THURSDAY, FEBRUARY 25, 1988

1689

On the passage of the Bill, by substitute, as amended, the ayes were 93, nays 67.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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

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

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

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
Pinks ton Y Pittman Y Porter
Powell
Y Prichard Rainey
N Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Reaves Y Redding Y Richardson N Ricketson Y Robinson
Royal Y Selman
Shepard
Y Sherrod N Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 115, nays 22. The Bill, having received the requisite constitutional majority, was passed.

Representative White of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

1690

JOURNAL OF THE HOUSE,

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 provide 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 provided to certain members of the General Assembly.

The following amendment was read and adopted:

Representative Sinkfield of the 37th moves to amend HB 1689 as follows:
Change 12 to 6 months on Page 1, Section "B", Line 22 and delete Section "C" on Page 2.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick
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 Y Connell Y Couch
YCox Y Crawford
Crosby Y Cummings,B
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 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
Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford
Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin
Y McCoy 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 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 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 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 Y 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.

THURSDAY, FEBRUARY 25, 1988

1691

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 Annotated, relating to program weights for funding under the "Quality Basic Education 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 Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.

The following Committee amendment was read and withdrawn:

The Committee on Education moves to amend HB 1240 by striking lines 29 through 33 of page 4 and inserting in their place the following:
"(c) Beginning with the 1988-89 school year and continuing each school year thereafter, personnel who have accumulated 45 days of unused sick leave and who then accumulate additional days of unused sick leave during a school year as authorized by subsection (b) of this Code section and who:
(1) Have used no sick leave in that school year shall receive the state contribution for all those additional days of unused sick leave; or
(2) Have used only one day of those additional days of sick leave in that school year shall receive $50.00 for all those additional days of unused sick leave.
The payment".
By striking line 8 of page 5 and inserting in its place the following:
"payment shall be based on the state contribution for each day of unused sick leave which was".

The following substitute, offered by Representative Lawler of the 20th, et al, was read and adopted:

A BILL
To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education 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 Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave; to provide for definitions; to provide for the accumulation of certain additional sick leave for the purpose of certain payments; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the "Quality Basic Education Act," is amended by striking subsection (f) in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:
"(f) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the

1692

JOURNAL OF THE HOUSE,

cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia."
Section 2. Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, is amended by striking Code Section 20-2-850, relating to the accumulation of sick leave for teachers and other personnel, in its entirety and substituting in lieu thereof a new Code Section 20-2-850 to read as follows:
"20-2-850. (a) Each person employed in any public school system of this state in the capacity of teacher, student services support personnel, or administrative and supervisory personnel, hereinafter referred to in this part as 'personnel,' as classified by the State Board of Education pursuant to subsection (a) of Code Section 20-2-200, except county or regional librarians, shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed contract month, and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days2 except for additional days which may be accumulated for the purposes provided for in Code Section 20-2-853. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel 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.
(b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (f) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months.
(c) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (f) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds.
(d) No personnel utilizing sick leave under this part shall be required to pay the cost of employing a substitute to serve in their absence on such sick leave."
Section 3. Said Part 4 of Article 17 of Chapter 2 of Title 20 is further amended by adding at the end thereof a new Code Section 20-2-853 to read as follows:
"20-2-853. (a) As used in this Code section, the term 'retirement' means retirement pursuant to the provisions of the Teachers Retirement System of Georgia provided for by Chapter 3 of Title 47 or retirement pursuant to a local retirement system or fund.
(b) Personnel who have accumulated 45 days of unused sick leave may accumulate additional days of unused sick leave during each school year for the purpose of receiving the payments provided for in subsection (c) of this Code section.

THURSDAY, FEBRUARY 25, 1988

1693

(c) Beginning with the 1988-89 school year and continuing each school year thereafter, personnel who have accumulated 45 days of unused sick leave and who then accumulate additional days of unused sick leave during a school year as authorized by subsection (b) of this Code section and who:
(1) Have used no sick leave in that school year shall receive the state contribution for all those additional days of unused sick leave; or
(2) Have used only one day of those additional days of sick leave in that school year shall receive $50.00 for all those additional days of unused sick leave. The payment for such additional unused sick leave which is accumulated during a school year shall be paid to such personnel at the end of that school year."
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, as amended, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,0 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
Chambless Y Chance Y 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 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 N 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 Under
Long 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

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 N Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson 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 YWall
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 159, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

1694

JOURNAL OF THE HOUSE,

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 Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, so as to provide that an appeal taken from a decision of the State Board of Workers' Compensation to a superior court shall be heard by such court within 60 days from the date the appeal is filed or the decision of the board shall be considered affirmed by the court; to provide an exception; to provide for editorial changes; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, is amended by striking Code Section 34-9-105, relating to the procedure for appeal from a decision of the board, in its entirety and inserting in its place a new Code Section 34-9-105 to read as follows:
"34-9-105. (a) Any award of the administrative law judge provided for in Code Section 34-9-102; with respect te for which no timely application for a review thereof is has been filed m de time, or an any award of the members of the board er deputy directors upon such review as provided 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.
(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 members of the board e* deputy directors, 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 outside the state, to the superior court of the county in which the original hearing was had held, in tile tnflnncr ncFCQi*cr ovt*11fteCT; flrid upon trie tonowinjj grounds! trie flnci upon tn.6 grounds provided in this Code section. Any party conceiving himself te be aggrieved may file an application in writing with the board asking for an appeal from any auch erdef er decree, final decision of the board and stating generally the grounds upon which such appeal is sought. In the event such of an appeal^ is filed, the board shall, within 30 days from of the filingj of the appeal, cause transmit certified copies of all documents and pspsrs tncn on tiie on tnc mfitter find ~& 11S.Rscrip* ot ftH *estinftony tjtK&n tncrGiii TO DC transmitted with its findings a*d efdef et tleetee in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause case 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; provided, however, if the court does not hear the case within 60 days from the date the appeal is filed, the decision of the board shall be considered affirmed by the court unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court.
(c) The findings ef- fact made by the members within their power powers shall, in the absence of fraud, be conclusive; but upon such hearing the court shall set aside the
er decree ef- the members decision if it is found that:

THURSDAY, FEBRUARY 25, 1988

1695

(1) The members acted without or in excess of their powers; (2) The order or decree decision was procured by fraud; (3) The facts found by the members do not support the order or decree decision; (4) There is not sufficient competent evidence in the record to warrant the members making the order or decree complained of decision; or (5) The order or decree decision is contrary to law. (d) No order or decree decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated above. If not set aside upon one or more of the grounds or, if the hearing is not held within the time provided in subsection (b) of this Code section, the court shall affirm the order? judgment, decree, or decision of the board so appealed from. Upon the setting aside of any such order, decree, or decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court. (e) Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from tat order or decree a decision of the board to the superior court may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law. In case of an appeal from the decision of the board, the appeal shall operate as a supersedeas if the employer has complied with the provisions of this chapter respecting insurance; and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed until such questions at issue therein shall have been fully determined in accordance with this chapter."
Section 2. This Act shall become effective on July 1, 1988, and shall apply to all awards or decisions of the administrative law judges or members of the State Board of Workers' Compensation issued on or after 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M Y Beck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford Y 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 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 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 Y Lawler Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord
Y Lucas Y Lupton
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 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

1696

JOURNAL OF THE HOUSE,

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
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
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
Y Wilson
Y 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.

HR 587. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th, McDonald of the 12th, Bishop of the 9th 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 institutions; 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 paragraph (g) to read as follows: "(g) The General Assembly is authorized to provide by law for the creation of a
State Housing Trust Fund from which funds shall be disbursed for residential housing.
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, and shall not be part of the public treasury and shall not be subject to Article I, Section II, Paragraph VII, relative to aid-
ing religious denominations or sectarian institutions."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for 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 institutions?"

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

The following Committee substitute was read and withdrawn:

THURSDAY, FEBRUARY 25, 1988

1697

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 for the Homeless and to provide for funding for such fund and to provide that the funds in such fund shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions; 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 paragraph (g) to read as follows:
"(g) The General Assembly is authorized to provide by law for the creation of a State Housing Trust Fund for the Homeless from which funds shall be disbursed for residential housing for the homeless. 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, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions, notwithstanding the provisions of Article I, Section II, Paragraph VII."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a State Housing Trust Fund for the Homeless and to provide for funding for such fund and to provide that the funds in such fund shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions?"

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

The following substitute, offered by Representatives Smyre of the 92nd and Groover of the 99th, was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions; 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 IV of the Constitution is amended by adding at the end thereof a new paragraph (d) to read as follows:
"(d) Funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of

1698

JOURNAL OF THE HOUSE,

churches and religious institutions, notwithstanding the provisions of Article I, Section II, Paragraph VII."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed
thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of
churches and religious institutions?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien Y 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 Colwell
Connell Y Couch YCox 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 Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner
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
YLee Y Under
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 Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Or rock 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 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 Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B
Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

THURSDAY, FEBRUARY 25, 1988

1699

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 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 commission, in its discretion, to deregulate or not provide a tariff on certain services of telecommunications companies.

Representative Watson of the 114th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1234, and that the Senate substitute be agreed to.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 98, nays 54. The motion prevailed, and the House agreed to the Senate substitute to HB 1234.

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

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 attorneys; to change the provisions relative to the compensation of the chief investigator.

1700

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), so as to change the county supplement for the district attorney; to change the number of investigators; to change the number of assistant district attorneys; to change the provisions relative to the compensation of the chief investigator; 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. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4726) and an Act approved March 31, 1987 (Ga. L. 1987, p. 5354), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The offices of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created.
(b) In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $18,780.00 per annum, payable in equal monthly installments out of the funds of Cobb County. The district attorney of the Cobb Judicial Circuit may not engage in the private practice of law in any contested matter in any court in this state; provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which the district attorney's name appears as counsel of record and which were filed prior to assuming the office of district attorney of the Cobb Judicial Circuit."
Section 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. Said district attorney is authorized to appoint seven investigators, for the Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as a peace officer; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $46,612.80 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 nor more than $31,678.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County."
Section 3. Said Act is further amended by striking Section 4B in its entirety and substituting in lieu thereof a new Section 4B to read as follows:
"Section 4B. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 12 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. All assistant district attorneys shall be compensated in the sum of not less than $19,185.00 nor more

THURSDAY, FEBRUARY 25, 1988

1701

than $51,750.00 per annum, except that the chief assistant district attorney shall receive no more than $54,000.00 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county, with the exception that whenever the State of Georgia shall provide the compensation to any of the assistant district attorneys, the amount of state compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia."
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Thompson of the 20th moved that the House agree to the Senate substitute to HB 1633.
On the motion, the ayes were 120, 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 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 homestead.

Representative Bannister of the 62nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1505 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 Bannister of the 62nd, Wall of the 61st and Pittman of the 60th.

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 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.

The following Committee substitute was read:

1702

JOURNAL OF THE HOUSE,

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of local government reorganization whereby the governing body of a county and the governing body of a municipality lying wholly or partially within the county are abolished and a new single governing body is created as the governing body of both the county and the municipality; to provide for subjects which may be controlled by local law to achieve such a governmental reorganization; to provide that the effectiveness of such a local law shall be conditioned upon its approval by the voters voting throughout the territorial boundaries of the affected county; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 69, immediately following Chapter 68, to read as follows:
"CHAPTER 69
36-69-1. This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of local government reorganization whereby the governing body of a county and the governing body of a municipality lying wholly or partially within the county are abolished and a new single governing body is created as the governing body of both the county and the municipality in order to achieve a coordinated and efficient delivery of government services. This chapter shall be liberally construed to carry out effectively such purpose.
36-69-2. A local law implementing a governmental reorganization described by Code Section 36-69-1 may provide for any of the following:
(1) For the abolishment of the existing governing bodies of the county and the municipality and for the creation of a new single governing body which shall constitute the governing authority of both the county and the municipality and which shall be composed of such number of members elected in such manner as the General Assembly shall determine by such local law;
(2) For the assignment of specific governmental powers and functions to the county and to the municipality which may involve or include the transfer of specified powers or functions from one such local government to the other and may also include limitations on the authority of the respective local governments to provide governmental services or perform governmental functions which are transferred or assigned;
(3) For the redistribution or reassignment of taxing powers between the county and the municipality and for such limitations and requirements relative to the exercise of the taxing powers by such local governments as may be necessary to achieve the governmental reorganization authorized by this chapter;
(4) For the reorganization, modification, or abolishment of departments, boards, bureaus, commissions, or other agencies of the county or municipality or both as may be necessary to achieve the governmental reorganization authorized by this chapter; and
(5) For such other matters not included in paragraphs (1) through (4) of this Code section as may be necessary or desirable to implement effectively the form of governmental reorganization authorized by this chapter. 36-69-3. The effectiveness of a local law enacted pursuant to the authority of this chapter shall be conditioned upon its approval by a majority of the voters voting throughout the territorial boundaries of the affected county. A local law enacted pursuant to the authority of this chapter shall include a provision for a referendum meeting the requirements of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, FEBRUARY 25, 1988

1703

Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and ruled out of order:
Representative Parham of the 105th, et al, move to amend the Committee substitute to HB 1222 as follows:
By adding paragraph "7" on Page 3 to read as follows: "7 - This Act only applies to the County of Richmond and the City of Augusta."
The following amendments were read and lost:
Representative White of the 132nd moves to amend the Committee substitute to HB 1222 as follows:
Change "400,000" wherever it appears to "99,000".

Representative Lawler of the 20th moves to amend the Committee substitute to HB 1222 as follows:
Change "400,000" wherever it appears to "250,000".

The following amendment was read and adopted:
Representative Lane of the 27th, et al, move to amend the Committee substitute to HB 1222 as follows:
On Page 3, insert after Paragraph (5) a new Paragraph 6 to read as follows:
"Any change in this Section from the present law, as of 1-1-88, does not apply to any city with a population in excess of 400,000 according to the 1980 decennial census, or any future such census, or any county having a population of more than 500,000 according to the 1980 decennial census or any future such census.".

The following amendment was read and ruled out of order:

Representative Redding of the 50th moves to amend the Committee substitute to HB 1222 as follows:
By striking from Line 19 of Page 3, the following section and inserting in its place the following Section 36-69-4:
"The provisions of this chapter shall not apply to the County of Richmond or the City of Augusta."

Representative Walker of the 85th moved that HB 1222 and all amendments thereto be placed on the table.
On the motion to table, 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
Atkins

N Bailey N Balkcom
N Bannister Bargeron
N Barnett,B N Barnett.M YBeck N Benefield

Benn
Birdsong Y Bishop Y Bostick
Y Branch Y Brooks Y Brown YBuck

Y Buford
YByrd Carrell
Carter N Chambless N Chance N Cheeks N Childers

Y Clark,B Y Clark.H
N Clark,L N Colbert Y Coleman N Colwell
N Connell Y Couch

1704

JOURNAL OF THE HOUSE,

YCox N Crawford Y Crosby N Cummings.B
Cummings.M Y Davis.G N Davis.M N Dixon
Dobbs N Dover
Dunn N Edwards
N Felton Y Floyd
Foster
Y Galer Y Godbee N Goodwin N Green Y Greene N Greer N Gresham N Griffin Y Groover
Hamilton Manner
N Harris N Hasty

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

N Martin N McCoy
McDonald N McKelvey Y McKinney N Meadows
Milam N Milford N Mobley N Moody N Moore N Morton
Mostiler Moultrie N Mueller Y Oliver.C N Oliver.M
Orrock Y Padgett N Pannell N Parham Y Parrish Y Patten N Peters
Pettit N Phillips N Pinkston N Pittman

Y Porter N Powell Y Prichard N Rainey N Ramsey.T Y Ramsey.V Y Randall
N Ransom
YRay N Reaves Y Redding N Richardson N Ricketson Y Robinson
N Royal N Selman Y Shepard Y Sherrod N Simpson Y Sinkfield N Sizemore
Y Smith.L N Smith.P N Smith.T Y Smith.W Y Smyre YSnow Y Stancil

On the motion, the ayes were 62, nays 88.

The motion was lost.

Y Stanley N Steinberg
Stephens
N Thomas.C Y Thomas.M N Thompson
Thurmond Y Tolbert N Townsend N Triplett
Twiggs N Waddle Y Waldrep Y Walker.C Y Walker.L N Wall N Ware Y Watson N Watts Y White N Wilder N Williams.B
Williams.J N Wilson
Wood N Workman
N Yeargin Murphy.Spkr

The following amendment was read:
Representatives Connell of the 87th and Groover of the 99th move to amend the Committee substitute to HB 1222 as follows:
"Section 3. The provisions of this Chapter shall stand repealed on July 2, 1988, except as to a local law becoming effective before such date.", and renumber Section 3 as Section 4.
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
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron N Barnett.B Y Barnett.M
YBeck Y Benefield YBenn
Birdsong N Bishop Y Bostick Y Branch N Brooks N Brown
YBuck Y Buford YByrd

Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers N Clark.B Y Clark,H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Cummings.B
Cummings,M N Davis.G Y Davis.M Y Dixon
Dobbs Dover Dunn
Y Edwards

Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin
Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Hamilton Hanner
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

N 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
Long YLord
Y Lucas Y Lupton
Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney Y Meadows
Milam Y Milford

Y Mobley Y Moody Y Moore Y Morton
Mostiler
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

THURSDAY, FEBRUARY 25, 1988

Y Randall Y Ransom YRay Y Reaves
N Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman

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

Y Snow
Y Stancil N Stanley Y Steinberg
Stephens Y Thomas.C Y Thomaa.M
Thompson
Thurmond Y Tolbert

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

On the adoption of the amendment, the ayes were 135, nays 17. The amendment was adopted.

1705
Y Watts N White Y Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

An amendment, offered by Representative Redding of the 50th, was read and withdrawn.

The following amendment was read:
Representative Lucas of the 102nd moves to amend the Committee substitute to HB 1222 as follows:
On Page 2, Line 7, after the word "services" and adding the word "No consolidation or annexation may take place unless the majority of the voters of the city and the majority of the voters in the county agree."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

On the adoption of the amendment, the ayes were 56, nays 89.

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

1706

JOURNAL OF THE HOUSE,

The amendment was lost.

An amendment, offered, by Representative Lawrence of the 49th, et al, was read and withdrawn.
On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the adoption of the Committee substitute, as amended, the ayes were 85, nays 58.

The Committee substitute, as amended, was adopted.

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

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

N Benefield
N Benn
N Birdsong N Bishop N Bostick N Branch N Brooks N Brown
NBuck N Buford NByrd
Carrell Carter Y Chambless
Y Chance

N Cheeks N Childers
N Clark.B N Clark.H N Clark,L
Y Colbert Coleman Colwell
Y Connell N Couch
NCox N Crawford
N Crosby Y Cummings.B
Cummings.M

N Davis.G
N Davis.M Dixon Dobbs
Y Dover Dunn
N Edwards N Felton
N Floyd Foster
N Galer N Godbee N Goodwin
N Green N Greene

Y Greer N Gresham
Griffin
N Groover Hamilton Hanner
N Harris
Y Hasty N Heard
Y Hensley Y Herbert
Holcomb
N Holmes Y Hooks N Hudson

THURSDAY, FEBRUARY 25, 1988

1707

N Isakson Jackson,J
N Jackson, W N Jamieson N Johnson,D N Johnson.R N Kilgore N Kingston N Lane.D N Lane.R N Langford N Lawler N Lawrence
Lawson NLee N Linder
Long NLord N Lucas Y Lupton
Mangum

Y Martin N McCoy
McDonald N McKelvey N McKinney N Meadows
Milam N Milford N Mobley N Moody N Moore N Morton
Mostiler Moultrie N Mueller N Oliver.C N Oliver.M Orrock
N Padgett Y Pannell N Parham

N Parrish N Patten
N Peters Pettit
Y Phillips N Pinkston Y Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T N Ramsey.V NRandall N Ransom
NRay N Reaves N Redding Y Richardson N Ricketson Y Robinson

N Royal N Selman N Shepard N Sherrod N Simpson N Sinkfield
Y Sizemore N Smith.L Y Smith.P N Smith,T N Smith,W NSmyre
Snow Y Stancil N Stanley Y Steinberg
Stephens Y Thomas.C N Thomas,M N Thompson
Thurmond

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

On the passage of the Bill, by substitute, as amended, the ayes were 28, nays 120.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

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

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 7

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.

Respectfully submitted,

FOR THE SENATE:
/a/ Culver Kidd Senator, 25th District
/s/ Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert L. Patten Representative, 149th District
/s/ Wm J. Lee Representative, 72nd District

/s/ Gene Walker Senator, 43rd District

/s/ Bob Holmes Representative, 28th District

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to change certain provisions relating to the organization of the General Assembly; to provide for matters relative

1708

JOURNAL OF THE HOUSE,

thereto; 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 II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly,
in its entirety and inserting in lieu thereof a new Paragraph V to read as follows: "Paragraph V. Election and term of members, (a) The members of the General
Assembly shall be elected by the qualified electors of their respective districts for a term
of two four years and shall serve until the time fixed for the convening of the next Gen-
eral Assembly. {b) The members ef the General Assembly in office n June 36-, 1083, shall serve etrt
the remainder ef- the terms te which elected. {e) (b) The first election fef members of the General Assembly aftder this Constitu-
tien to serve four-year terms shall take place en Tuesday after the first Monday be those elected in November, 1084 1988, and subsequent elections biennially shall be held
on that day Tuesday after the first Monday in November and quadrennially thereafter until the day of election is changed by law."

Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meet-
ing, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new
subparagraph (a) to read as follows: "(a) The Senate and House of Representatives shall organize each odd-numbered
year every four years beginning in 1989 and shall be a different General Assembly for
each two-year four-year period. The General Assembly shall meet in regular session on
the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such
later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular
session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to change the terms of office of members of the General Assembly from two years to four years beginning with the terms of office of the members of the General Assembly elected at the 1988 state-wide general election?"

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

Representative Lee of the 72nd moved that the House adopt the report of the Committee of Conference on SR 7.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M

Y Aiken
Y Alford Alien

Y Athon
N Atkins Y Bailey

Y Balkcom
Y Bannister Bargeron

Y Barnett,B
Y Barnett.M Y Beck

THURSDAY, FEBRUARY 25, 1988

1709

Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless N 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 N Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Dixon

Dobbs Y Dover Y Dunn Y Edwards N 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 N Herbert Y Holcomb Y Holmes Y Hooks Y Hudson N Isakson Y Jackson.J N Jackson.W
Y Jamieson Y Johnson.D Y Johnson.R

Y Kilgore N Kingston Y Lane,D Y Lane.R
Y Langford Y Lawler N Lawrence Y Lawson YLee N Under
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney
Y Meadows Y Milam Y Milford
Mobley Y Moody Y Moore N Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock

On the motion, the ayes were 134, nays 24. The motion prevailed.

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
Ramsey.T N Ramsey.V Y Randall N Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod N Simpson Y Sinkfield Y Sizemore Y Smith.L N Smith.P

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

Representative Williams of the 48th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Brown of the 88th and Ramsey of the 3rd 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 Cheeks of the 89th arose to a point of personal privilege and addressed the House.

The following communication was received and read:

Memorandum

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334

To:

HOUSE, SENATE AND SECRETARY OF STATE

From: RUSTY SEWELL

Subject: LINE ITEM VETOES IN HOUSE BILL 1267, ACT NO. 823

Date: FEBRUARY 25, 1988

Please be advised that Governor Harris has line item vetoed the following in House Bill 1267, Act No. 823:

1710

JOURNAL OF THE HOUSE,

Section 55, Paragraph 5, Page 71 Section 68, Page 77 Section 72, Page 80
/kh Attachments

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, FEBRUARY 26, 1988

1711

Representative Hall, Atlanta, Georgia Friday, February 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 Don Harp, Pastor, First United Methodist 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. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1899. By Representatives Pittman of the 60th and Goodwin of the 63rd: A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1900. 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 add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to continue the existing terms of the present judges of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

1712

JOURNAL OF THE HOUSE,

HB 1901. By Representatives Triplett of the 128th and Pannell of the 122nd:
A bill to amend an Act creating the Chatham Area Transit Authority, so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1902. By Representative Ware of the 77th:
A bill to provide a new charter for the City of Franklin; 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.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1890
HB 1891 HB 1892
HB 1893 HB 1894
HB 1895 HB 1896
HB 1897 HB 1898
SB 589 SB 601 SB 641
SB 649 SB 651

SB 653
SB 655 SB 658
SB 665 SB 669
SB 670 SB 671
SB 672 SB 674
SB 675 SB 676 SB 677
SB 678 SB 679

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 635 Do Pass, by Substitute
Respectfully submitted, hi Ware of the 77th
Chairman

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

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

FRIDAY, FEBRUARY 26, 1988

1713

SB 500 Do Pass SR 163 Do Pass, by Substitute SR 367 Do Pass

Respectfully submitted, M Colwell of the 4th
Chairman

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

Mr. Speaker:

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

HB 1831 Do Pass HB 1880 Do Pass HB 1881 Do Pass HB 1882 Do Pass HB 1883 Do Pass HB 1884 Do Pass HB 1885 Do Pass

HB 1886 Do Pass HB 1887 Do Pass HB 1889 Do Pass SB 624 Do Pass, as Amended SB 659 Do Pass SB 660 Do Pass

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 26, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 34th Legislative Day as enumerated below:
HR 897 Tax Ref. Act of 1986: Urge Congress Amend: Farm Costs HR 905 Hodges, Gen. Courtney Hicks: Place Plaque Outside Building
SB 437 State Mapping Advisory Board: Create SB 470 Criminal Procedure: Satisfaction of Fines by Community Ser. SB 490 Income Tax: Employment Sec.: Collection of Certain Debts SB 544 Carnival Ride Safety Act: Amend SB 546 Jails: Grants to Municipal Corporations and Counties SB 550 State Board of Registration for Foresters: Appointment SB 574 Handicapped Parking: Change Color of Permits SB 630 Counties/Mun.: Security Systems: Prohibit Installation, Etc.
SR 267 State Government: Sovereign Immunity - CA SR 300 Comm. on Crim. Sanctions/Corr. Facilities: Create SR 376 James G. Connell Bridge: Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, is/ Lee of the 72nd
Chairman

1714

JOURNAL OF THE HOUSE,

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

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.

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

HB 1880. By Representative 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.

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

HB 1881.

By Representatives 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.

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

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.

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

HB 1883.

By Representatives 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 probate court; to provide an effective date.

FRIDAY, FEBRUARY 26, 1988

1715

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

HB 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 solicitor of said court.

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

HB 1885.

By Representatives 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.

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

HB 1886. By Representatives 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.

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

HB 1887.

By 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 provide that the board of education shall consist of no more than 11 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.

1716

JOURNAL OF THE HOUSE,

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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allowances 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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 624 by striking from line 17 of page 1 the following:
"five",
and inserting in lieu thereof the following: "four".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 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.
The report of the Committee, which was favorable to the passage of the Bill, was 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 660. By Senator Timmons of the llth: A bill to abolish the office of county treasurer of Seminole County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 26, 1988

1717

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

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

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

HB 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.

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 taxation for educational purposes levied for and in behalf of such school system.

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.

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.

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.

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.

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.

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.

1718

JOURNAL OF THE HOUSE,

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 provisions relating to qualifications for the office of judge of the municipal court.

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.

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.

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 members of the board of commissioners.

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.

HB 157. By Representative Ramsey of the 3rd:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, 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.

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.

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 Annotated, 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.

HB 1414.

By Representative Beck of the 148th:
A bill to amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commission on Compensation, so as to change the salary of the members of the commission.

FRIDAY, FEBRUARY 26, 1988

1719

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 Annotated, 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.

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 proceedings, so as to change the provisions relating to influencing witnesses.

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

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

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.

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.

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 collect taxes for such municipality in the same manner as county taxes.

1720

JOURNAL OF THE HOUSE,

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 Annotated, relating to professional corporations, so as to provide that a shareholder 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.

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, solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts.

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 Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor 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.

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 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.

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 Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report.

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

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 provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in areas of technology, manufacturing, or agriculture.

FRIDAY, FEBRUARY 26, 1988

1721

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 Senate recedes from its amendment to the following Bill of the House:

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 Senate has adopted the third report of the Committee of Conference on the following Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

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

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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

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

HR 926. By Representative Isakson of the 21st:
A resolution recognizing and inviting to appear before the House of Representatives the Honorable Newt Gingrich, Georgia's Congressman from the 6th District.

1722

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Retirement:

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, 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.

The Speaker Pro Tern assumed the Chair.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 926 Do Pass SR 264 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The Speaker assumed the Chair.

By unanimous consent, the following Bills of the Senate were withdrawn from the General Calendar and recommitted 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 Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide an effective date.

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, 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 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity 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.

FRIDAY, FEBRUARY 26, 1988

1723

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

HR 926. By Representative Isakson of the 21st:
A resolution recognizing and inviting to appear before the House of Representatives the Honorable Newt Gingrich, Georgia's Congressman from the 6th District.

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:

SR 376. By Senator Turner of the 8th: A resolution designating the James G. Connell Bridge.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Brooks Y Brown Buck 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 Cummings,M 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
Y Manner Y Harris
Hasty Y Heard
Y Hensley Y Herbert
Holcomb

Holmes Y Hooks
Hudson 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
Lawrence
Lawson YLee Y Linder YLong YLord
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 Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett 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
Rgndall Y Ransom YRay
Reaves Redding Y Richardson Ricketson 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
Smyre YSnow
Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C Thomas.M
Y 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 Wilder
Y Williams.B Williams.J
Y Wilson 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.

Representative Buford of the 103rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

1724

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.

The following Committee substitute was read and adopted:

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; to provide for licenses; to delete certain exemptions from qualifications of registered foresters; to provide for denial or revocation of licenses; to provide for duplicate licenses; to delete a reference to the receiving of funds by the joint-secretary; to change the date upon which said board shall terminate; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking paragraph (2) of Code Section 12-6-41, relating to definitions of terms with regard to the practice of professional forestry, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Professional forestry' or 'practice of professional forestry' means any professional service relating to forestry, such as investigation, evaluation, development of forest management plans or responsible supervision of forest management, forest protection, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands, provided that forestry instructional and educational activities shall be exempted. ; provided, further, that any person whe n
tins pflpflgpflpii for ftt icSBi ten ycflps, with SUCH ppflctice v& b^ ftcccptQDIc to* tiic Do&Pd as defined subsection {b} ef- Code Section 12-6-49, shaH be eligible for registration as ft rG^isicrGG iorestep witnoiit PCiepence to tnc requirements set toptri ift su.Dsec11OR \&) ot
beard by September 1% 1069. The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good character and reputation; provided, further, that employees of the state and federal governments assisting farmers in agricultural programs shall be exempt from this part."
Section 2. Said part is further amended by striking subsection (e) of Code Section 12-6-42, relating to the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The five members of the initial board wiH shall be appointed for terms of one; two; three, four, and five years^ respectively. On the expiration of the term of any ef the five members member of the initial board, the Governor shall in the manner provided in this Code section appoint for a term of five years a registered forester having the qualifications required by Code Section 12-6-43 to take the place of the member whose term on the board is expiring. K the Governor faite te malic appointment m 96 Qflys flitcp expirfttion ot ftny ternt^ the DO&FU sti&H mskc the necessftpy o.ppoin wncftt>. Each member shall hold office until the expiration of the term for which that member is appointed or until a successor shall have been duly appointed and shall have qualified."

FRIDAY, FEBRUARY 26, 1988

1725

Section 3. Said part is further amended by striking Code Section 12-6-43, relating to qualifications of members of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-43 to read as follows:
"12-6-43. Each member of the board shall be a citizen of the United States and a
and shall have been engaged in the practice of forestry for at least ten years, provided that only the citizenship and residency requirements of this Code section shall apply to the member appointed pursuant to subsection (c) of Code Section 12-6-42."
Section 4. Said part is further amended by striking Code Section 12-6-46, relating to meetings and officers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-46 to read as follows:
"12-6-46. (a) The board shall hold at teast two regular meetings each year as necesS3ry special meetings snail "fee neid at sucn time and place tts trie i&yiaws of tfiG DOQFO
calendar month. Notice ef aH meetings shall be given m svteh manner as the bylaws may provide.
{b} The board shall elect or appoint annually a chairman and a vice-chairman. The joint-secretary of the state examining boards shall serve as secretary of the board in the same manner as provided by Code Sections 43-1-1 and 43-1-2.
(e) A quorum erf the board shall consist ef net teas than fear voting members."
Section 5. Said part is further amended by striking Code Section 12-6-47, relating to powers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-47 to read as follows:
"12-6-47. (a) The board shall have the power to make aH bylaws and promulgate rules and regulations, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it.
(b) The board shall adopt and have an official seal. \Cj in carrying into ettect tftis part, tne Doard may, under title nand of its cnairman and the seat of tfee board, subpoena witnesses and compel their attendance and may also rccjuirc tiiem to produce DOORS, papers, documents, etc., tn a case involving* tne revoca~ tien ef a license er practicing er offering te practice under the title ef registered forester without a license. Any member ef the board may administer eaths ef affirmation te wit-
receive trie same compensation and snail oe reim uursed fop expenses tn the same* amount as tnc wiemoei's of wie ooard as outlined tft vrod'C section i'B tj~44.
{d) if any pee shall refuse to tc3tify er produce any books, papers, er documents,
jurisdiction, ad thereupon sueh court shall, in a proper ease; issue an attachment for contcmpt against sucn person reQuirinu nim to snow cause wny fte snouid not De tieid m contempt, provided tliftt sucri person snail i&e permitted to purge nimseii ot contempt by compliance with such order as the court may render."
Section 6. Said part is further amended by striking Code Section 12-6-48, relating to records of proceedings of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-48 to read as follows:
"12-6-48. (a) The board shall keep a record of its proceedings and a register ef aH applications tor registration , wnicti register snail snow tiie name, fl^e, and residence of eacii appiiodn^ tne date of tne applicationj trie place of Dusiness of sucti applicants nis educational and other qualifications; whether er net an examination was required;
action of tne uoardj and sucn otncr intormation as~ may 00 deemed necessary Dy tne
(b) The records of the board shall be prima-facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced.

1726

JOURNAL OF THE HOUSE,

\c) Annually, as or dune JU, tne board snail submit to trie Governor a report ot its tranaactiona of the preceding year."
Section 7. Said part is further amended by striking Code Section 12-6-52, relating to the issuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-52 to read as follows:
"12-6-52. The board shall issue a license upon payment of a registration fee as provided for in this part to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this part. Licenses ahall shew the fuH name of- the registrant, snuii nave a serial number, and snail we signed Dy tnc cnairman or tnc board and the joint secretary ef the state examining boards under seal ef the board. The issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his name and license number during the life of the registrant's license."
Section 8. Said part is further amended by striking Code Section 12-6-53, which reads as follows:
"12-6-53. Any forester who made an application for a license as a registered forester by April 10, 1964, shall be eligible for registration as a registered forester without reference to the requirements set forth in subsection (a) of Code Section 12-6-49, provided that such forester shall have completed service as a forester in a public forest unit for a period of not less than 12 years.", and inserting in lieu thereof the following:
"12-6-53. Reserved."
Section 9. Said part is further amended by striking Code Section 12-6-57, relating to the revocation and reissuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-57 to read as follows:
"12-6-57. {a) [Fhe beard shaH have the pewer te revoke the license ef any registrant whe found guilty by the beard ef gross negligence, incompetency, or misconduct in the practice of forestry. The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a person licensed by the board, or to discipline a person licensed by the board upon a finding by a majority of the board that the licensee or applicant has violated the provisions of Code Section 43-1-19.
\D/ Any person mfty pretei* criflr^cs or irflUdj deceit, ^jross neii^cncct mcompetcncyj or misconduct in connection with any forestry practice, against any registrant. Sach cnflpj2jGS sn&ii oe ift writing, snftH i&e sworn %o Dy trie person wiflKin^ tneift^ flnd sn&n De filed with the joint-secretary ef the state examining boards.
(e) AH charges, unless dismissed by the beard as unfounded or trivial, shall %e heard oy trie DOflrfl witnin tnree montns ftiter tile dftte on wnicn they sn&ll no.ve been pre* terred. 1 lie time Qnd pi&ce tor tne nednng sn&H oe iixeu Dy tne DOflpd, ftnd 8c copy Or the charges, together with a notice of the time and place ef the hearing, shall be person-
bciorc tnc date iixccl lor tnc Hearing. At any ncanng, tnc accused registrant snail nave tnc rignt to appear pcraonally and by counsel, to cross -examine witnesses appearing against him, and to produce evidence and witnesses in his own defense.
{d) If after saeh hearing few or ssore members ef the board vote in favor ef finding the accused guilty, the board ahall revoke the license of such registered forester.
{e) Any applicant whose license has been revoked may apply for a review ef -the -pre-
Oounty of tne superior court of tne county ift wnicn tne &pplictnt resides. 1 ne only record te be considered in such appeal shall be the record- mode before the board. New evidence must De presented TO tne ooftpd, m session, Deiore "it mfly De USGQ ~m court pro~
{) T-he board, for reasons it may deem sufficient, may reissue a license te any person wnosc Hcense ncis been pevoKect tt tour OF more mem DGFS 01 tne DOflpd vote tn iflvor of streh reissuance.

FRIDAY, FEBRUARY 26, 1988

1727

(7 A new license, to replace fttty license revoked, lost, 'destroyed, or mutilated, flsdy e issued, subject to tne rules or tne ooaFd, upon payment of ft ree estft Diisneu oy tne

Section 10. Said part is further amended by striking Code Section 12-6-58, relating to the issuance and renewal of licenses in a form suitable for framing, in its entirety and inserting in lieu thereof a new Code Section 12-6-58 to read as follows:
"12-6-58. The board is authorized to isstie licenses and renewals thereof m such manBer as shall be suitable for framing. A duplicate license to replace any lost, destroyed, or mutilated license may be issued, subject to the rules of the board, upon payment of a fee established by the board."
Section 11. Said part is further amended by striking Code Section 12-6-59, which reads as follows:
"12-6-59. The joint-secretary of the state examining boards shall receive and account for all moneys derived under this part and shall pay the same monthly to the Fiscal Division of the Department of Administrative Services.", and inserting in lieu thereof the following:
"12-6-59. Reserved."
Section 12. Said part is further amended by striking Code Section 12-6-63, relating to the termination date of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-63 to read as follows:
"12-6-63. For the purposes of Chapter 2 of Title 43, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Foresters shall be terminated on July 1, 1088 1994, and this part 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 13. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 437. By Senator Peevy of the 48th:
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 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.
The following Committee substitute was read and adopted:
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 create the State Mapping Advisory Beard; 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; to provide for certain staff and administrative support; to provide for funding; to provide for termination of the board; to provide for certain automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

1728

JOURNAL OF THE HOUSE,

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 adding at the end thereof a new article, to be designated Article 6, to read as follows:
"ARTICLE 6
50-8-140. (a) The State Mapping Advisory Board is created and established within the Department of Community Affairs. The board shall be composed of 21 members who have a basic level acquaintance with land information system technology and who shall be appointed by the Governor.
(b) The first members of the board shall be appointed for terms as follows: five members shall be appointed for terms of one year each; five members shall be appointed for terms of two years each; five members shall be appointed for terms of three years each; and six members shall be appointed for terms of four years each. As the term of each member expires, his successor shall be appointed for a term of four years, except that each member shall serve until his successor is appointed and qualified. Members shall be eligible for reappointment.
(c) (1) One member of the board shall be appointed from each of the following: (A) The Senate; (B) The House of Representatives; (C) The Department of Community Affairs; (D) The Department of Transportation; (E) The Department of Natural Resources; (F) The Department of Revenue; (G) The Secretary of State; (H) The Area Planning and Development Commissions; (I) The Association County Commissioners of Georgia; (J) The Georgia Association Assessing Officials; (K) The Georgia Municipal Association; (L) The Georgia Superior Court Clerks Association; (M) The Resource Development Conservation Association; (N) The Agricultural Stabilization and Conservation Service; (0) The Georgia Bar Association; (P) The Georgia Chapter of the Urban and Regional Information Systems Asso-
ciation; (Q) The Georgia Planning Association; and (R) The Surveying and Mapping Society of Georgia.
(2) Three at-large members shall be appointed, one of whom shall be the chairman of the board. (d) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term. (e) Members of the board shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official board meetings. 50-8-141. The board shall have the following powers, duties, authority, and functions:
(1) To study thoroughly various recommendations for a permanent solution to the issues related to land records modernization and the implementation of land information systems for both state and local governments in Georgia. Within one year of its establishment, the board will make recommendations to the Governor and General Assembly concerning the functional, institutional, financial, educational, and legal issues that must be resolved so that Georgia local governments can develop modern land records and land information systems;
(2) To provide financial incentives for a limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should include one urban county, one urbanizing county, and at least one rural county in combination with an area planning and development commission. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;

FRIDAY, FEBRUARY 26, 1988

1729

(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, area planning and development commissions, the private sector, and various agencies of state government;
(4) To sponsor public information and education programs. These programs should include the provision of accurate, unbiased technical information to local governments, the education of new land information system professionals, and the continuing education of current professionals;
(6) To develop technical specification and standards for local, area, and state government to use in the collection and distribution of land information; and
(7) To contract with state agencies, federal agencies, local governments, area planning and development commissions, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work. 50-8-142. (a) The board shall meet regularly at the call of the Governor or the chairman. Eleven members shall constitute a quorum. The board shall adopt such rules and regulations as are necessary and proper to govern its procedure and business, (b) The board will have no permanent staff but may hire temporary staff. The board will be provided administrative support through the Department of Community Affairs. 50-8-143. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. 50-8-144. The board created pursuant to this article shall terminate and shall cease to exist on December 31, 1994. This article shall stand repealed in its entirety on December 31, 1994."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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.

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

Mr. Speaker:
The Senate adheres to its amendment to the House amendment and has appointed a Committee of Conference on the following Bill of the Senate:

1730

JOURNAL OF THE HOUSE,

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

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Broun of the 46th and Johnson of the 47th.

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

SB 546. By Senator Dean of the 31st:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 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.

The following Committee substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows:
"40-6-221. As used in this part, the term: (0.1) 'Counterfeit' means any copy of any kind of handicapped parking permit
which is not authorized by and does not carry the official seal of the Department of Public Safety.
(1) 'Handicapped parking place" means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:

FRIDAY, FEBRUARY 26, 1988

1731

(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Permit Parking Only,' 'Tow-Away Zone,' and 'Maximum Fine $500.00.' The warnings required in this subparagraph shall be printed in white letters not less than one inch in height on three separate lines and centered on the sign. The sign shall also bear the international symbol for accessibility centered between the second and third warnings. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state;
(B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words 'Tow-Away Zone' and 'Handicapped Parking Only' or the words 'Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or
(C) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' and 'Handicapped Parking Only' or the words 'Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph. (2) 'Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (3) 'Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. (4) 'Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days. (4.1) 'Ramp' shall mean, in addition to any other specified meanings:
(A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and
(B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted. (5) 'Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days."
Section 2. Said part is further amended by striking subsection (e) of Code Section 40-6-222, relating to handicapped parking permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The department shall issue a special permanent permit to any person who: (1) Because of a physical handicap drives a motor vehicle which has been equipped
with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped due to the loss of, or loss of use of, both upper
extremities. This special permanent permit shall be enrnge gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent handicapped parking permits and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:
'Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests

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JOURNAL OF THE HOUSE,

such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'"
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Lupton of the 25th moves to amend the Committee substitute to SB 574 as follows:
On Page 4, after Line 28, add a new Section 3 to read as follows:
Section 3. Code Section 40-6-225 of the Official Code of Georgia Annotated, relating to offenses involving handicapped parking and the penalties for such offenses, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $50.00 and not more than $100.00 for a first offense, not less than $100.00 and not more than $200.00 for a second offense, not less than $200.00 and not more than $500.00 for a third or subsequent offense."
And, renumber Section 3 as Section 4.

The Committee substitute, was adopted.

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

The following Resolution of the House was read and adopted:

HR 927. By Representatives McKelvey of the 15th and Smith of the 16th: A resolution commending Honorable E. M. "Buddy" Childers.

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

SR 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 circumstances 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 amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by striking Paragraph IX which reads as follows:

FRIDAY, FEBRUARY 26, 1988

1733

"Paragraph IX. Sovereign immunity of the state from suit, (a) Sovereign immunity extends to the state and all of its departments and agencies. However, the defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. Also the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance protection for such claims has been provided but only to the extent of any liability insurance provided. Moreover, the sovereign immunity of the state or any of its departments and agencies may hereafter be waived further by Act of the General Assembly which specifically provides that sovereign immunity is hereby waived and the extent of the waiver. No waiver of sovereign immunity shall be construed as a waiver of any immunity provided to the state or its departments and agencies by the United States Constitution. The provisions of this paragraph shall not have the effect of permitting the state or any of its departments or agencies to interpose the
defense of sovereign immunity as to any action against the state or any of its departments or agencies filed prior to January 1, 1983, if such defense could not have been interposed on December 31, 1982.
(b) The General Assembly may provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein.",
and inserting in lieu thereof a new Paragraph IX to read as follows:
"Paragraph IX. Sovereign and official immunity from suit, (a) Sovereign immunity extends to the state and all of its departments, agencies, boards, commissions, and authorities.
(b) The defense of sovereign immunity is waived as to any action ex contractu for the recovery of actual damages for the breach of any written contract now existing or hereafter entered into by the state or any of its departments, agencies, boards, commissions, or authorities.
(c) The General Assembly may provide for the purchase of liability insurance coverage for any or all state departments, agencies, boards, commissions, or authorities. The
defense of sovereign immunity will be waived by the existence of such liability insurance coverage, but only as to the particular department, agency, board, commission, or
authority named as an insured in the applicable liability insurance policy, and only for claims which are included within the coverage of the applicable liability insurance policy, and only to the extent that any damages awarded will be paid by the insurer pur-
suant to the applicable liability insurance policy. (d) Regardless of insurance, the defense of sovereign immunity will not be waived as
to any claims for punitive, vindictive, or exemplary damages.
(e) Official immunity extends to state officers and employees, so that they shall not be subject to liability arising from the performance of their discretionary functions, unless they are found to have acted with willfulness, fraud, malice, or corruption.
(f) The General Assembly may provide for the purchase of liability insurance protection for state officers and employees to protect them from personal liability arising from the performance of the duties of their office or employment, to the extent that
they are not otherwise immune from liability. The providing of such insurance will not waive the defense of sovereign immunity or the defense of official immunity.
(g) The sovereign immunity of the state or of any of its departments, agencies, boards, commissions, or authorities may hereafter be waived further by Act of the Gen-
eral Assembly which specifically and explicitly states both that sovereign immunity is thereby waived and the extent of such waiver.
(h) The General Assembly may otherwise provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as pro-
vided in such law. Sovereign immunity will be waived only to the extent expressly provided in such legislation.
(i) Any waiver of sovereign immunity or official immunity authorized or provided for under this Paragraph shall apply only to actions brought in the courts of Georgia. No
such waiver of sovereign immunity shall constitute, nor shall it be construed as, a waiver
of any immunity provided to the state by the Constitution of the United States."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed
thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for sovereign immunity and official immunity and to provide for the circumstances 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?"

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 following amendment was read and adopted:

Representative Lawson of the 9th moves to amend SR 267, on page 2 by adding a sentence at the end of line 22 to read as follows:
"The waiver of immunity of counties, municipalities and school districts shall be provided pursuant to Article IX, Section II, Paragraph IX of this Constitution and such entities shall not be subject to this Paragraph."

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

Y Aaron Y Adams.G 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 Beck
Y Benefleld
Benn Y Birdsong
Bishop Y Bostick Y Branch
Y Brooks Y Brown
Buck Y Butord YByrd Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Chuk,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 Y Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Hensley
Y Herbert Y Holcomb

Y Holmes
Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Y Lupton 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 01iver,M Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Peters 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 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
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

FRIDAY, FEBRUARY 26, 1988

1735

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

SR 300. By Senators Crumbley of the 17th, Barnes of the 33rd, Garner of the 30th and Starr of the 44th:

A RESOLUTION
Creating the Commission on Criminal Sanctions and Correctional Facilities; and for other purposes.
WHEREAS, the criminal code of Georgia is over 20 years old and many of its provisions date back 100 years or more; and
WHEREAS, many of the sanctions for criminal offenses give the sentencing judge broad discretion, resulting in greatly disparate sentences being imposed for similar offenses; and
WHEREAS, since 1983, the grid system has been used by the State Board of Pardons and Paroles to equalize the sentences and to manage the inmate population of the prison system; and
WHEREAS, existing prison facilities are inadequate in spite of those efforts to manage the inmate population, resulting in large numbers of state prisoners being backed up in county jails; and
WHEREAS, new prison facilities are under construction and others planned for the future but projections indicate that it will be impossible to build enough prison facilities to accommodate the escalating inmate population; and
WHEREAS, a major crisis in prison crowding is likely in the near future unless the sentencing structure and practices are altered so as to reduce the number of inmates introduced into the system; and
WHEREAS, it is therefore necessary to address the impact of sentencing on correctional resources, to change these sanctions where feasible, and to increase the use of alternatives to incarceration while providing adequate prison facilities to protect the public from dangerous offenders; and
WHEREAS, public confidence in our system of justice must be restored by ensuring that the criminal justice system is capable of carrying out sanctions imposed by the courts; and
WHEREAS, all three branches of state government must cooperate to find solutions to these complex problems involving the administration of justice.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created the Commission on Criminal Sanctions and Correctional Facilities which shall consist of 12 members as follows:
(1) One superior court judge to be appointed by the Governor; (2) One district attorney to be appointed by the Governor; (3) One representative from the Department of Corrections to be appointed by the Governor; (4) One representative from the State Board of Pardons and Paroles to be appointed by the Governor; (5) One sheriff to be appointed by the Governor;

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(6) One representative from the Association County Commissioners to be appointed by the Governor;
(7) One representative from the Georgia Association of Criminal Defense Lawyers to be appointed by the Governor;
(8) One citizen member from the public at large to be appointed by the Governor; (9) Two members of the Senate to be appointed by the President of the Senate; and (10) Two members of the House of Representatives to be appointed by the Speaker of the House of Representatives.
Section 2. The Governor shall appoint the chairman of the commission, and the commission shall select a vice chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary.
Section 3. The commission shall study all relevant aspects of the criminal justice system and sanctions of the State of Georgia including the coordination, design, and functions of the courts, agencies, programs, and services currently operating to deliver criminal justice services to the citizens of Georgia.
The goal of the commission shall be to enhance public respect for the law and the criminal justice system by developing criminal sanctions which are meaningful to both the offender and to the public; which are proportionate to the seriousness of the offense; which provide for sentencing equity; which encourage the use of appropriate alternatives to incarceration; and which offer the necessary public protection, while at the same time ensuring the most cost-effective use of available public resources.
The commission shall make a report of its findings and recommendations for the improvement of Georgia's criminal justice system, including any proposed legislation, to the Governor and all members of the General Assembly on or before December 31, 1989.
Section 4. All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from the funds of their respective state departments or agencies. All members of the commission except state officials and employees and members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the office of the Governor. The commission may meet at such times and places within the State of Georgia as the commission deems necessary.
Section 5. The Criminal Justice Coordinating Council shall provide staff assistance to the commission.
Section 6. The chairman of the commission may designate and appoint committees to perform such functions as he may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information.
Section 7. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the office of the Governor, except as otherwise provided by this resolution.
Section 8. The commission shall stand abolished January 1, 1990, and this resolution shall stand repealed on January 1, 1990.
Section 9. All laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

FRIDAY, FEBRUARY 26, 1988

1737

On the adoption of the Resolution, the ayes were 106, nays 5. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

The report 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.

Representatives McCoy of the 1st and Wilson of the 20th stated that they wished to be recorded as voting "aye" on SB 470.

HR 905. By Representatives Rainey of the 135th and Wood of the 9th:
A resolution authorizing and directing the placing of a plaque honoring General Courtney Hicks Hodges on the outside of the General Courtney Hicks Hodges 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 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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

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

HB 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 homestead.

The President has appointed on the part of the Senate the following: Senators Phillips of the 9th, Peevy of the 48th and Turner of the 8th.

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

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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 certain nonresident hunting licenses.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 490. By Senator Dawkins of the 45th: A bill to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, 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".
The report 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.
SB 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions 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.
The following amendment was read and adopted:
The Committee on Industry moves to amend SB 544 by striking in its entirety line 13 on page 3, which reads as follows:
"shall be mailed fey first class matt no later than the",
and inserting in lieu thereof the following:
"shall be delivered in person or mailed by first-class mail no later than the".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 Annotated, relating to general provisions relative to counties and municipal corporations, 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 circumstances.

FRIDAY, FEBRUARY 26, 1988

1739

The following amendments were read and adopted:

Representative Peters of the 2nd, et at, move to amend SB 630 as follows:
This Act shall not prevent a Volunteer Fire Department from selling or leasing battery operated fire detection equipment, or fire extinguishers in their service areas.

Representative Lawler of the 20th moves to amend SB 630 as follows: Strike on Lines 19 and 20 the following: "nor any official or employee thereof.

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 103, nays 3.
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 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 Senate substitute was read:

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 in counties having more than a certain population the issuance of permits for putrescible material solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide certain exceptions; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, 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 putrescible material solid waste disposal site in any county having a population of more than 350,000 according 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; provided, however, that the director may permit such a site if the requesting county provides 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 state permit applications made on or after July 1, 1988, and to all state permits

1740

JOURNAL OF THE HOUSE,

issued prior to July I, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process on July 1, 1988.
(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.

Representative Colbert of the 23rd moved that the House disagree to the Senate substitute to HB 862.
The motion prevailed.

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

Mr. Speaker:
The Senate has agreed to the House substitute by the Senate substitute to 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 qualifications, 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.

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 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 certain nonresident hunting licenses.

Representative Rainey of the 135th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1597 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 Rainey of the 135th, Moody of the 153rd and Watts of the 41st.

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

FRIDAY, FEBRUARY 26, 1988

1741

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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

Representative Colwell of the 4th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1365 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Colwell of the 4th, Groover of the 99th and Bostick of the 138th.

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

Representative Stephens of the 68th moved that the House adhere to its position in disagreeing to the Senate amendment to the House amendment to SB 245 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 Stephens of the 68th, Thurmond of the 67th and Clark of the 13th.

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 73 Do Pass, by Substitute SB 367 Do Pass, by Substitute SB 431 Do Pass

SB 547 Do Pass SB 599 Do Pass

1742

JOURNAL OF THE HOUSE,

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

Pursuant to SR 406, the House adjourned until 10:00 o'clock, A.M., Monday, February 29, 1988.

MONDAY, FEBRUARY 29, 1988

1743

Representative Hall, Atlanta, Georgia Monday, February 29, 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 D. Craig Rikard, Alma United Methodist Church, Alma, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1903. By Representatives Carrell of the 65th and Mobley of the 64th: A bill to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1904. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption and the income limits for qualification for such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

1744

JOURNAL OF THE HOUSE,

HB 1905. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to increase the amount of the exemption and the income limits for qualification for such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1906. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1907. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the purchases by the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1908. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court for serving as chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1909. By Representatives Alford of the 57th, Athon of the 57th, Oliver of the 53rd, Lawrence of the 49th, Mangum of the 57th and others
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1910. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for a new charter for the City of Hazelhurst, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1911. By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 29, 1988

1745

HB 1912. By Representatives Thompson of the 20th, Isakson of the 21st, Gresham of the 21st, Lawler of the 20th, Hensley of the 20th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb 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 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1914. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1915. By Representative Wilson of the 20th:
A bill to provide a $10,000.00 additional homestead exemption from all City of Smyrna ad valorem taxes for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 928. By Representatives Williams of the 48th, Richardson of the 52nd, Redding of the 50th, Linder of the 44th, Lawrence of the 49th and others:
A resolution creating the DeKalb County Homestead Exemptions Study Commission.
Referred to the Committee on Rules.

HR 955. By Representative Coleman of the 118th: A resolution creating the Solid Waste-Energy Study Committee.
Referred to the Committee on Natural Resources & Environment.

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

HB 1899 HB 1900

HB 1901 HB 1902

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

1746

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Rules 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 823 Do Pass HR 589 Do Pass
HR 904 Do Pass

SB 394 Do Pass, by Substitute SB 564 Do Pass, by Substitute

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

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

Mr. Speaker:

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

HB 1778 Do Pass
HB 1888 Do Pass HB 1890 Do Pass

HB 1891 Do Pass
HB 1892 Do Pass SB 669 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 29, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 35th Legislative Day as enumerated below:
SB 359 Georgia War Veterans Cemetery: Establish SB 402 Absentee Ballots: Change of Address Notification SB 412 Probate Cts.: Provide Copies of Official Code of Ga. SB 413 Probate Judges: Training Expenses: Reimbursement SB 423 Athlete Agents: Regulation SB 438 Interlocal Risk Manage. Agency: Boards of Education SB 441 Warehouses: Licensing SB 442 Abandoned Motor Vehicles: Notification SB 453 Solid Waste Disposal Sites: Restrict Permits SB 472 Commissioner of Corrections: Authority to Make Contracts SB 473 Workers' Comp.: Certain Employee of Dept of Corrections SB 476 County Correctional Inst.: Confer Police Powers Upon Wardens SB 479 Housing Authority: Multifamily Rental Units: Eligibility SB 485 County Tax Officials: Appointment of Chief Deputy SB 491 Employment Security: False Representation: Penalty SB 527 County Boards of Health: Certain Services: Fees
SR 163 Albert "Al" Holloway Labor Building: Designation

MONDAY, FEBRUARY 29, 1988

1747

SR 277 Baldwin County: Grant Easement Construct 115kv Transline SR 278 Baldwin County: Grant Easement: Overhead Transmission Tap Line
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:

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.

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

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 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 1890. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of 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 1891.

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 consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk thereof.

1748

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 1892.

By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facilities Authority, so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member.

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

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. All purchases of supplies, equipment, and other materials and services in an amount in excess of $5,000.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County one time before the date of purchase. The board shall obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this section shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as hereinabove provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

MONDAY, FEBRUARY 29, 1988

1749

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 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.

SB 681. 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.

HB 1089.

By Representative Sinkfield of the 37th:
A bill to amend an Act which completely and exhaustively revised, superseded, 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.

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, operate and maintain self-liquidating 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.

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.

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.

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.

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.

1750

JOURNAL OF THE HOUSE,

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 commission.

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.

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.

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.

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.

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.

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.

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 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 additional authority for the reestablishment of such creditable service.

MONDAY, FEBRUARY 29, 1988

1751

HB 841. By Representative Hamilton of the 124th:
A bill to amend Code Section 50-13-17 of the Official Code of Georgia Annotated, 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.

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 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.

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 Annotated, relating to authorization of arrests with and without warrants generally, 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, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term "family violence".

HB 1455. By Representative Robinson of the 96th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.

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 Annotated, 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 Community Affairs to make grants to boards of education for certain programs and activities.

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 Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve, maintain, and protect abandoned cemeteries.

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.

1752

JOURNAL OF THE HOUSE,

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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 Annotated, 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.

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 species.

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

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

SR 360. By Senator Starr of the 44th: A resolution creating the Joint Study Committee on Aging.

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.

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

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.

MONDAY, FEBRUARY 29, 1988

1753

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).

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.

HR 590. By Representative Green of the 106th: A resolution designating the Jasper T. Copelan Bridge.

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.

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.

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.

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.

HR 702. By Representative Langford of the 7th:
A resolution authorizing the leasing of certain state owned property located in Gordon County.

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.

1754

JOURNAL OF THE HOUSE,

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

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.

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

SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 681. 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 360. By Senator Starr of the 44th: A resolution creating the Joint Study Committee on Aging.
Referred to the Committee on Rules.

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

SB 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 Annotated, 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 institutions; 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:

Aaron
Y Adams.G YAdams.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
Birdsong
Bishop Y Bostkk Y Branch

Brooks
Y Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B Clark.H
Y Clark.L

MONDAY, FEBRUARY 29, 1988

1755

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 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
Groover

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 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
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
Y Pannell Par ham
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 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 Y Steinberg Y Stephens
Thomas.C Y Thomaa.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 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and withdrawn:

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 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 circumstances; 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 Annotated, 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 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; provided, however, that the director may permit such a site if the requesting county provides 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

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JOURNAL OF THE HOUSE,

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 or when the proposed site is located adjacent to an existing solid waste disposal site."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Hooks of the 116th and Ray of the 98th, was read and adopted:

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 a national historic monument under certain circumstances; 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 Annotated, 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. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal site within 5,708 yards of the geographic center of any site designated as a national historic monument; provided, however, that the director may permit such a site if the requesting party provides 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron YAdams,G YAdams,M YAiken YAlford
Alien YAthon
Y Atkins Y Bailey
Balkcom N Bannister YBargeron
YBarnett,B NBarnett,M YBeck
Benefield Benn Birdsong
Y

Y Branch Y Brooks
Brown Y Buck YBuford YByrd
Carrell
Y Carter Y Chambless
Chance N Cheeks Y Childers
N Clark.B Clark.H
YClark,L Y Colbert Y Coleman Y Colwell
Y Coucf

.T n Y Cox ^rawford rosby Y Cummings,B N Cummmgs.M N Dav,s,G Y Dav,s,M
Y DHOTI Y Dobbs Y Dover
Dimn Edwards
Hflto.n Y Floyd Y Foster Y Galer ?,%****. Y Good
YGre'ene

V Croer N GrSiam YGrfffm Y Grower
Ha^Uton 5anne V Harris **
*^ Y Henriev
Herbert 2 i !, V Hokomb
Y HAs Y Hudson
Isaksor? Y Jackson J Y Jackson W
Seson
*&>

Y Johnson.R Y Kilgote Y Kingston
La^.D Y Lane.R Y Langford N Lawler Y Lawrence
Y Lawson V L*6 Y Linder Y Long y J
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
>

MONDAY, FEBRUARY 29, 1988

1757

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

YRay Y Reaves Y Redding
N 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
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
Waddle

On the passage of the Bill, by substitute, the ayes were 135, nays 9.

Y Waldrep Walker.C 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

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

Representative Walker of the 115th was excused from voting on SB 453 pursuant to Rule 134.
By unanimous consent, SB 453, by substitute, was ordered immediately transmitted to the Senate.

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 report of the Committee, which was favorable to the 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
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
N Crosby Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M
DUon

Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton Y 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 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 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
Moultrie Y Mueller Y Oliver.C
Oliver,M
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters

1758

JOURNAL OF THE HOUSE,

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
Simpson Y Sinkfield

Sizemore Y Smith.L Y 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
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 Y Wood Y 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 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 SB
479.

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 Annotated, 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.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield YBenn
Birdsong 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
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 Y Felton
Floyd Y Foster
Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton
Hanner Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb

Y Holmes Y Hooks
Y Hudson Isakson
Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson,D Y Johnson.R
Y Kilgore Y Kingston
Lane,D 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 Y Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
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
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

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 Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L
YWall Ware
Y Watson Y Watts Y White Y Wilder Y WiUiams.B Y Williams,J
Wilson
YWood Y Workman Y Yeargin
Murphy.Spkr

MONDAY, FEBRUARY 29, 1988

1759

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

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

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.

Representative Alford of the 57th moved that the House insist on its position in disagreeing to the Senate amendment to HB 218 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 Alford of the 57th, Watson of the 114th and Pettit of the 19th.

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

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 collect taxes for such municipality in the same manner as county taxes.

The following Senate substitute was read:

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 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 compensation to tax officials and to counties; 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 Annotated, 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

1760

JOURNAL OF THE HOUSE,

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. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. 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.
(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.

Representative Beck of the 148th moved that the House agree to the Senate substitute to HB 1200.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon Y Atkins 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 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 Y Felton
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

Y Holmes Y Hooks
Y Hudson Isakson
Y Jackson.J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston
Lane.D Y Lane,R Y Langford 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

On the motion, the ayes were 149, nays 0.

The motion prevailed.

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
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
Smyre YSnow
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 Y White Y Wilder Y Williams.B
Williams.J Y Wilson YWood Y Workman
Yeargin Murphy.Spkr

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 Annotated, relating to professional corporations, so as to provide that a shareholder 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.

MONDAY, FEBRUARY 29, 1988

1761

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder 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; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, is amended by striking Code Section 14-7-5, relating to stock in a professional corporation, in its entirety and inserting in lieu thereof a new Code Section 14-7-5 to read as follows:
"14-7-5. (a) Shares in a professional corporation may only be issued to, held by, or transferred to a person who is licensed to practice the profession for which the corporation is organized and who, unless disabled, is actively engaged in such practice as an active practicing member of the issuing corporation, except as otherwise permitted under this Code section. Each stock certificate shall be appropriately endorsed disclosing this restriction and stating that shares standing in the name of a disqualified or retired person, or in the name of the personal representative of a deceased person, except during the holding period provided in this Code section, are void.
(b) Shares in a professional corporation shall be voted by the holder of record or by another shareholder in the same corporation in accordance with a proxy or an agreement providing for the voting of the shares.
(c) Shares in a professional corporation held by a deceased or retired shareholder shall, within six months after the date of death or retirement of such shareholder, be either redeemed or canceled by the corporation or transferred to a person or persons authorized to hold the shares unless transferred under a written agreement to an authorized shareholder pursuant to subsection (d) of this Code section. The shares held by a shareholder who becomes legally disqualified from practicing the profession for which the corporation is organized or who is disqualified as a shareholder under subsection (a) of this Code section shall be so redeemed, canceled, or transferred within 90 days after the disqualification becomes final. In the absence of an article or bylaw provision or an agreement providing for the redemption or transfer of such shares or, if the shares are not redeemed or transferred pursuant to such a provision or agreement within the required period of time, the corporation is authorized to and shall cancel the shares on its books at the termination of the required period. If valuation and payment terms are not fixed under such an existing provision or agreement and are not agreed upon either prior to or at any time after the termination of the required period, the fair value of the redeemed or canceled shares shall be determined and paid in the same manner as if the personal representative of the deceased shareholder, or the retired or disqualified shareholder, were a shareholder entitled to valuation and payment for his shares under subsection (g) of Code Section 14-2-251, after failure to agree on valuation under subsection (d) of Code Section 14-2-251. The personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall not be authorized at any time to participate in or vote on any matter concerning the rendering of professional services by the corporation. Upon the actual transfer or redemption or termination of the required holding period, whichever first occurs, the personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall cease to be a holder of record for all purposes and shall deliver the share certificates to the purchaser or to the corporation with any required endorsement.
(d) Shares held in a professional corporation and owned by a shareholder may be transferred under a written agreement to an authorized shareholder which allows the shares to remain outstanding provided that the shares are collateral under a security

1762

JOURNAL OF THE HOUSE,

agreement for the purchase price of the shares. In the event that the purchase price is not paid and the shares held as collateral are returned to the selling shareholder, the selling shareholder shall have a reasonable period of time, not to exceed one year after the return of the shares, to transfer the shares to an authorized shareholder. During that period the shareholder, if an active or inactive member of his profession, may vote the shares.
{4} (e) If a professional corporation at any time ceases to have a shareholder licensed or otherwise authorized to practice and actually practicing, the profession for which the corporation is organized, or if a professional corporation does not redeem, cancel, or transfer the shares of a disqualified, retired, or deceased person in accordance with this Code section, the corporation shall cease to be a professional corporation and shall operate as a corporation for profit organized under Chapter 2 of this title for the sole purpose of liquidation. The corporation may at any time after it ceases to be a professional corporation change its purpose by amending its articles."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Robinson of the 96th moved that the House agree to the Senate substitute to HB 1302.
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
Balkcora Y Bannister
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 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 Floyd
Y Foster Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty 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 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 Y Moody Y Moore Y Morton

On the motion, the ayes were 145, nays 0. The motion prevailed.

Mostiler Y Moultrie
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 Y Ramsey.T Y Ramsey.V
Y 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
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 Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood
Workman Yeargin Murphy,Spkr

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 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.

MONDAY, FEBRUARY 29, 1988

1763

The following Senate substitute was read:

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 effective 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:
(1) For purposes of this article, a person shall not be considered to be the 'beneficial 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 associates have the right to vote pursuant to any agreement, arrangement, or understanding 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 solicitation 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 shareholder 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 resident domestic corporation or any subsidiary having, measured at the time the transaction 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 subsidiary, 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

1764

JOURNAL OF THE HOUSE,

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 interested 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 recapitalization 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; or
(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 domestic 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 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; and (4) For purposes of this article, a 'resident domestic corporation' means:
(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either:
(i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state;
(iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or
(iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and
(B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation 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 percent 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 or officers,

MONDAY, FEBRUARY 29, 1988

1765

their affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered 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 corporation 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 (A) any director or officer of the resident domestic corporation, his affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer. (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 combinations with interested shareholders unless the bylaws of the resident domestic corporation 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 shareholder 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 corporation, 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 subsection, 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 resident 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."

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JOURNAL OF THE HOUSE,

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 'beneficial 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 associates have the right to vote pursuant to any agreement, arrangement, or understanding 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 solicitation 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 shareholder 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 subsid iaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as oi 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 subsidiary, 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 interested 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 recapitalization 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

MONDAY, FEBRUARY 29, 1988

1767

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; or
(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 domestic 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; and (4) For purposes of this article, a 'resident domestic corporation' means:
(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either:
(i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state; (iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or
(iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, 'substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and
(B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation 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 percent 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 or officers, their affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered 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 corporation 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 (A) any director or officer of the resident domestic corporation, his affiliates, or associates; (B) subsidiaries of the

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JOURNAL OF THE HOUSE,

resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer. (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. 14-2-1133. (a) The requirements of this article shall not apply to business combinations with interested shareholders unless the bylaws of the resident domestic corporation 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 shareholder 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 corporation, 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 subsection, 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 resident 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 aiopt 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 Governor 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.

Representative Robinson of the 96th moved that the House agree to the Senate substitute to HB 1571.

MONDAY, FEBRUARY 29, 1988

1769

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 Y Barnett,B Y Barnett.M YBeck
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
Y Colbert

Y Coleman Colwell Connell
Y Couch YCox
Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Dixon Y Dobbs
Y Dover YDunn Y Edwards Y Pelton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green
Y Greene Greer
Y Gresham Y Griffin Y Groover
Hamilton
Y Manner Y Harris
Hasty Y Heard
Y Hensley 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
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 YMcCoy Y McDonald Y McKelvey Y McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 146, nays 1. The motion prevailed.

Y Mostiler
Moultrie Y Mueller Y Oliver.C
01iver,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
Prichard
Y Rainey Ramsey.T
Y Ramsey.V YRandall 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 Y Stancil Y 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 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

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 Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor 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 following Senate substitute was read:

A BILL
To amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor 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; to provide for exceptions; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-7-22 to read as follows:

1770

JOURNAL OF THE HOUSE,

"9-7-22. (a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the trial judge making the referral or by any other judge having jurisdiction of the case and serving in the place and stead of the trial judge. The fees so determined and fixed may be apportioned between and among the parties at the discretion of the judge.
(b) The court with consent of the parties may fix the fees of the auditor in advance and incorporate the same in the order making the appointment.
(c) The fees of an auditor, as determined and fixed by the judge, shall be included in and made a part of the judgment of the court. The fees of the auditor shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such fees have not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment."
Section 2. Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; shall be paid by the condemning body; and shall not be less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House agree to the Senate substitute to HB 1545.
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
Balk com Y Bannister Y Bargeron Y 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

Y Cheeks
Y Childers Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman
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 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
Hasty 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
Johnson.R Y Kilgore Y Kingston
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 Y Milford
Y Mobley 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 Y Prichard Y Rainey
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

MONDAY, FEBRUARY 29, 1988

1771

Y Snow 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 Y Walker.L Y Wall

On the motion, the ayes were 143, nays 0. The motion prevailed.

Ware Y Watson Y Watts Y White
Wilder Y Williams.B

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

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 Annotated, 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 Senate substitute was read:

A BILL
To amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file 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. Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $26.00 fef each yew in which it se fetls er refuses not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283."
Section 2. Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $10.00 for each year in which it so fefls er refuses not be required to pay any penalty for so failing or refusing to file its annual report but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217."
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 Isakson of the 21st moved that the House agree to the Senate substitute to HB 1631.
On the motion, 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

1772
Y Benefleld 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 Y Colbert Y Coleman Y Colwell Y Connell
Couch YCoi Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis,G Y Davis.M
Dixon

JOURNAL OF THE HOUSE,

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
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
Lane.D Y Lane.R
Langford Y 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 YMilam Y Milford Y Mobley
Moody Y Moore YMorton 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 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 Y Stancil Y Stanley
Stein berg 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 Y White
Wilder Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman
Yeargin Murphy,Spkr

On the motion, the ayes were 154, nays 0. The motion prevailed.

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 Annotated, 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 following Senate amendment was read:
Amend HB 1707 by adding on Page 1, line 6, after the word "reimbursement;" the following:
"to provide an effective date;"; and by adding a new Section 2 to read as follows: "Section 2. This Act shall become effective on January 1, 1989."; and by renumbering Section 2 as Section 3.
Representative Birdsong of the 104th moved that the House agree to the Senate amendment to HB 1707.
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 Y Birdsong
Y Bishop Y Bostick

MONDAY, FEBRUARY 29, 1988

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
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
Greer Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Hasty Y Heard Y Hensley 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
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
Milam Y Milford
Y Mobley 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 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

On the motion, the ayes were 153, nays 0. The motion prevailed.

1773
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
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y WilIiams,J Y Wilson Y Wood Y Workman
Yeargin Murphy.Spkr

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 following Senate substitute was read:

A RESOLUTION
Designating certain public roads and highways as the Chieftains Trail; and for other purposes.
WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and
WHEREAS, regions in northwest Georgia contain many features which reach back to Georgia's diverse and fascinating origins, including the state's Indian culture and heritage; and
WHEREAS, it is important in preserving representations of this past and in promoting future financial well-being and growth, that these sites and regions be identified, marked, promoted, and managed; and
WHEREAS, the designation of the Chieftains Trail is a vital and appropriate beginning to this process.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Chieftains Trail:

1774

JOURNAL OF THE HOUSE,

U.S. 41 north to U.S. 411 then U.S. 411 west from Cartersville Etowah Indian Mounds to the Chieftains Museum in Rome; then
Ga. 53 east to the New Echota site in Calhoun; then Ga. 225 north to the Chief Vann House in Murray County; then
Ga. 52 east to Fort Mountain State Park in Chatsworth; then
Ga. 52 east to Ellijay; then
Ga. 5 south to Tate; then
Ga. 5 south to Canton; then Ga. 20 west to Cartersville. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers along the Chieftains Trail and at gateways to the trail on Interstate 75 at Marietta, on Interstate 75 at Dalton, and on Interstate 575 at Blue Ridge.
Representative Pettit of the 19th moved that the House agree to the Senate substitute to HR 708.
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 Bainett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Branch
Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Chamhless
Y 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
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
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 Y Johnson.R Y Kilgore Y Kingston
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
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 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
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 Y Smith,P
Smith.T 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 Y Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Y WilliamsJ
Y Wilson Y Wood Y Workman
Yeargin Murphy.Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

Representative Pettit of the 19th moved that the House reconsider its action in agreeing to the Senate substitute to HR 708.

MONDAY, FEBRUARY 29, 1988

1775

The motion prevailed.

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

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1285

The Committee of Conference on HB 1285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1285 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ W. F. Harris
Senator, 27th District
/s/ Rooney L. Bowen Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES: ,, . /s/ Bl11 Barnett Representative, 10th District
/s/ John 0 Mobley> Jr. Representative, 64th District

/s/ Arthur B. Edge Senator, 28th District

/s/ Ralph Twiggs Representative, 4th District

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; to define a certain term; 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 purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 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.'

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JOURNAL OF THE HOUSE,

36-69-2. As used in this chapter, the term '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 apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director 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 or public safety director 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 director of emergency medical services 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 director of emergency services.
(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 resulting 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 operations 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
amounts paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid.

MONDAY, FEBRUARY 29, 1988

1777

36-69-6. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers' compensation, 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, engineering, rescue, health, medical and related services, and to police, transportation, construction, 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.

Representative Barnett of the 10th moved that the House adopt the report of the Committee of Conference on HB 1285.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAdams.G Y Adams.M Y Aiken
Alford 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
Branch Brooks
Brown YBuck 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

Y Coleman Y Colwell
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 Hanner Y Harris
Hasty 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
Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
Y Lee

1778

JOURNAL OF THE HOUSE,

YLinder Y Long Y Lord
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 Moatiler Y Moultrie Y Mueller Y Olivet 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

Prichard Y Rainey
Ramsey.T Y Ramsey.V
Y Randall
Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

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
Tolbert Y Townsend Y Triplett

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

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

SB 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 provisions 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.

The following Committee substitute was read and adopted:

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 provisions 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; 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 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, is amended by striking Code Section 20-2-2001, relating to definitions regarding interlocal risk management agencies, and inserting in its place a new Code Section 20-2-2001 to read as follows:
"20-2-2001. As used in this article, the term: (1) 'Administrator' means any person who administers a group self-insurance fund
other than the interlocal risk management agency. (2) 'Board of education' or 'board' means a public board of education of any
county or of any independent school system of this state. (3) 'Commissioner' means the Commissioner of Insurance. {9} (4) 'Public General liability' means any liability for bodily injury, death, or
damage to property owned by others or any other liability, except motor vehicle liability, to which a board of education or school system may be subject either directly or by reason of liability arising out of an actz error, or omission of its employee, agent, or officer in the course and scope of employment.

MONDAY, FEBRUARY 29, 1988

1779

f4) (5) 'Group self-insurance fund' or 'fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of public general liability, motor vehicle liability, property damage, or any combination of such risks.
4fr) (6) 'Interlocal risk management agency' or 'agency' means an association formed by boards of education by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds.
{ } (7) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public general liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency.
f?) (8) 'Motor vehicle liability' means liability to which a board of education or school system may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. Such term shall also include loss on account of property damage to motor vehicles.
{8) (9) 'Property damage' means loss to which a board of education or school system may be subject by reason of physical damage or destruction to real or personal property owned or leased by such board of education or school system.
(10) 'School system' means any county school system or any independent school system of any municipality of this state."
Section 2. Said article is further amended by striking subsection (a) of Code Section 20-2-2002, relating to establishment and membership of certain interlocal risk management agencies, and inserting in its place a new subsection (a) to read as follows:
"(a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
(1) Pool its public general liability risks in whole or in part with those of other boards of education;
(2) Pool its motor vehicle liability risks in whole or in part with those of other boards of education;
(3) Pool its property damage risks in whole or in part with those of other boards of education; or
(4) Jointly purchase public general liability, motor vehicle liability, or property damage insurance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy or policies with the total premium apportioned among such participants."

Section 3. Said article is further amended by striking subsection (d) of Code Section 20-2-2005, relating to certain certificates of authority, and inserting in its place a new subsection (d) to read as follows:
"(d) A fund authorized by this article may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and pttWfe general liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or public general liability with property damage shall generate an annual gross premium of not less than $500,000.00; or

1780

JOURNAL OF THE HOUSE,

(4) For each fund which includes motor vehicle liability, ptrbKe general liability, and property damage shall generate an annual gross premium of not less than $800,000.00."
Section 4. Said article is further amended by striking Code Section 20-2-2018, relating to certain excess insurance contracts, which reads as follows:
"20-2-2018. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.", and inserting in its place a new Code Section 20-2-2018 to read as follows:
"20-2-2018. (a) An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of such excess insurance or self-funding, or any other funding program acceptable to the Commissioner.
(b) The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance:
(1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers."
Section 5. Said article is further amended by striking Code Section 20-2-2020, relating to the exercise of certain authority as not constituting the provision of certain liability insurance protection, and inserting in its place a new Code Section 20-2-2020 to read as follows:
"20-2-2020. The exercise by a board of education or school system of the authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. The participation by a board of education or school system as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity of a board of education or school system shall be waived on account of such participation."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien
Y 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
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
Davis.G Y Davis.M Y DUon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd

Y Poster YGaler
Godbee
Y Goodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin
Groover Y Hamilton
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
Johnson,D Y Johnson,R Y Kilgore Y Kingston
Lane,D Y Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee

MONDAY, FEBRUARY 29, 1988

1781

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

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
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
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, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 491. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, 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 purpose of receiving unemployment compensation benefits; to provide a penalty.

The report of the Committee, which was favorable to the 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 Adaros.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 YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Brooks N Brown YBuck
Y Buford YByrd
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 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
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
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
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 Parriah
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
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 Y Smith,?
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
Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep

1782

JOURNAL OF THE HOUSE,

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 150, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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
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 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 Y Cummings,B Y 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 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 Jackaon.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
Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows Milam
Y Milford Mobley
Y Moody Y Moore Y Morton

Y MostUer 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 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
Steinberg Y Stephens
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 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.

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 Annotated, 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.

MONDAY, FEBRUARY 29, 1988

1783

The report 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.

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 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 certain nonresident hunting licenses.

The President has appointed on the part of the Senate the following: Senators Turner of the 8th, Gillis of the 20th and Kennedy of the 4th.

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

SB 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 Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.

The following Committee substitute was read:

A BILL
To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to require that certain information relative to motor vehicles removed from property be sought; to require that certain notices and information relative to such motor vehicles be given; to require that certain information and notices required to be given relative to abandoned motor vehicles shall be given by sworn statement; to require additional notices and information; to require that certain information be forwarded to certain information centers; to provide for certain civil and criminal penalties when certain information and notices are not given; 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 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duty of persons removing or storing motor vehicles, which reads as follows:

1784

JOURNAL OF THE HOUSE,

"40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days of the day such vehicle became an abandoned motor vehicle, give notice in writing to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.",
and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle from the law enforcement officer requesting removal of such or his agency within 72 hours of removal.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle and any information indicating that such vehicle is a stolen motor vehicle.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner redeems such motor vehicle within 30 days of the day such vehicle was removed.

MONDAY, FEBRUARY 29, 1988

1785

(e) If the owner fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of
general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such
place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse
for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and
the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this
Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify
the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no
longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or con-
firmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when provid-
ing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 2. Said title is further amended by adding at the end of Code Section
40-11-3, relating to peace officers' removing vehicles, a new subsection (d) to read as follows:
"(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the
removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehi-
cle has been removed; and

1786

JOURNAL OF THE HOUSE,

(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the unattended motor vehicle to be removed shall, within five calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle. If such information is not available, the peace officer shall, within five calendar days, notify the person removing or storing such vehicle of such fact."
Section 3. Said title is further amended by striking paragraph (2) of Code Section 40-11-5, relating to lien foreclosures, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (e> (j& of Code Section 40-11-2 have been complied with;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to SB 442 as follows:
By deleting on Page 7, Line 10, the word "unattended".

Representative Jackson of the 9th moves to amend the Committee substitute to SB 442 as follows:
By changing on Page 7, Line 11 the word "five" to "three"
And, changing on Page 7, Line 16 the word "five" to "three".

The Committee substitute, as amended, was adopted.

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

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

Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd
Y Carrell Y Carter Y Chambles Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Clark.L 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
YDunn 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
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
Lane.D
Y Lane,R Langford
Lawler Lawrence Y Lawson YLee

MONDAY, FEBRUARY 29, 1988

1787

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

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
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
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 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, by substitute, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 Annotated, relating to the annual license required for the operation of a warehouse 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.
The report of the Committee, which was favorable to the 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 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
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 Y Greer Y Gresham Y Griffin Y Groover

Y Hamilton
Y 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 Y Johnson ,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford
Lawler
Lawrence Y Lawson YLee Y Under
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 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 Y Smith.P
Smith.T Y Smith.W
Y Smyre
YSnow
Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Tolbert

1788

JOURNAL OF THE HOUSE,

Y Townsend Y Triplett Y Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker.L Y Wall

Ware Y Watson Y Watts Y White

Y Wilder Y Williams,B Y Williams,J 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.

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

HR 929. By Representatives Birdsong of the 104th, Porter of the 119th, Walker of the 115th, Groover of the 99th, Pinkston of the 100th and Barnett of the 10th:
A resolution inviting the Honorable William Earl Hamrick to the House of Representatives; to recognize, commend, and express appreciation and gratitude to Sheriff Hamrick.

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 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.

Due to a mechanical defect, the vote of Representative Lane of the 27th was not recorded on the passage of the following Bills:
SB 453, SB 479, SB 473, SB 438, SB 491, SB 485, and SB 442.
He wished to be recorded as voting "aye" thereon. He also wished to be recorded as voting "aye" on the motions to agree to the Senate substitutes/amendments to the following Bills/Resolution of the House:
HB 1200, HB 1302, HB 1571, HB 1545, HB 1631, HB 1707, and HR 708.

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

MONDAY, FEBRUARY 29, 1988

1789

AFTERNOON SESSION

The Speaker called the House to order.
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 29, 1988 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 29, 1988 by adding the following: SB 394 Open Meetings: Amend Provisions SB 564 Financial Disclosure: Certain Candidates Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following Resolution of the House was read and referred to the Committee on Agriculture and Consumer Affairs:
HR 930. By Representative Reaves of the 147th: A resolution urging the Department of Human Resources to require a farm accident module as part of the training for emergency medical technicians in rural areas.
The following Resolution of the House was read and referred to the Committee on Education:
HR 931. By Representatives Herbert of the 76th, Cummings of the 17th, Greene of the 130th, Selman of the 32nd, Lawler of the 20th and others: A resolution urging the Governor's task force to review program weights under the Quality Basic Education Formula to review the need for certain essential counseling services.
The following Resolutions of the House were read and adopted:
HR 932. By Representative Moultrie of the 93rd: A resolution commending Mary Eunice Jones.
HR 933. By Representatives Buck of the 95th, Robinson of the 96th, Walker of the 115th, Parrish of the 109th, Parham of the 105th and others: A resolution recognizing and commending John C. Portman, Jr.
HR 934. By Representatives Greene of the 130th, Lane of the 27th, Bargeron of the 108th, Athon of the 57th, Lord of the 107th and Mangum of the 57th: A resolution commending Walter E. Cox.

1790

JOURNAL OF THE HOUSE,

HR 935. By Representative Crosby of the 150th:
A resolution commending the Clinch County High School Pantherettes basketball team.

HR 936. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Moultrie of the 93rd, Bishop of the 94th and Smyre of the 92nd:
A resolution expressing sympathy regarding the passage of Honorable Charles Edward Berry.

HR 937. By Representative Crosby of the 150th:
A resolution commending the Clinch County High School Panthers basketball team.

HR 938. By Representative Crosby of the 150th:
A resolution commending the Clinch County High School Panthers baseball team.

HR 939. By Representative Carrell of the 65th: A resolution recognizing the Walnut Grove-Youth Water Authority.

HR 940. By Representatives Dover of the llth and Jamieson of the llth: A resolution expressing regret at the passing of Richard Russell Smith.

HR 941. By Representatives Dover of the llth and Jamieson of the llth: A resolution commending Glenda Nix Brooks.

HR 942. By Representative Hanner of the 131st: A resolution expressing sympathy at the passing of William F. Bassett.

HR 943. By Representative Pittman of the 60th: A resolution commending Thomas Morris, Jr.

HR 944. By Representatives Pinkston of the 100th, Randall of the 101st, Groover of the 99th, Buford of the 103rd and Lucas of the 102nd:
A resolution recognizing and commending Gloria Bibb Washington.

HR 945. By Representatives Bishop of the 94th, Buck of the 95th, Robinson of the 96th, Galer of the 97th and Smyre of the 92nd:
A resolution expressing regret at the passing of Henry James Walker.

HR 946. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending the Carrollton High School Debate Team.

HR 947. By Representative Carter of the 146th:
A resolution congratulating Mrs. Sancil Smith on the occasion of her 101st birthday.

MONDAY, FEBRUARY 29, 1988

1791

HR 948. By Representative Carter of the 146th: A resolution recognizing and commending Darin Cowart.

HR 949. By Representative Carter of the 146th: A resolution commending Mrs. Linda Meadows.

HR 950. By Representatives Wilson of the 20th, Atkins of the 21st, Hensley of the 20th, Wilder of the 21st, Aiken of the 21st and others:
A resolution commending Mrs. Pamela Croy Newton.

HR 951. By Representatives Bishop of the 94th, Smyre of the 92nd, Galer of the 97th, Robinson of the 96th and Buck of the 95th:
A resolution expressing regret at the passing of Charles Alonzo Spencer.

HR 952. By Representatives Bishop of the 94th, Smyre of the 92nd, Robinson of the 96th, Buck of the 95th, Galer of the 97th and Moultrie of the 93rd:
A resolution commending Mr. George Ford, Jr.

HR 953. By Representatives Wood of the 9th, Barnett of the 10th, Jackson of the 9th and Lawson of the 9th:
A resolution relative to the protection of water supply from Lake Lanier.

HR 954. By Representatives Wood of the 9th, Barnett of the 10th, Jackson of the 9th and Lawson of the 9th:
A resolution urging the Georgia delegation to the United States Congress to change certain priorities in order to conserve and protect water supplies.

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

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 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.

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

Mr. Speaker:

1792

JOURNAL OF THE HOUSE,

Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 924 Do Pass
Respectfully submitted, /a/ Colwell of the 4th
Chairman

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

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; 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 provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; 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 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing, under oath; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county which is different from the address contained on the person's registration card."
Section 2. Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its entirety Code Section 21-3-140, relating to the procedure upon change of residence of an elector, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows:
"21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing, under oath; and the board shall place such person's name on the proper list of electors. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address

MONDAY, FEBRUARY 29, 1988

1793

within the municipality which is different from the address contained on the person's registration card. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 359. By Senators Kidd of the 25th and Bryant of the 3rd:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans's benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment.

The report of the Committee, which was favorable to the 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 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
Colbert Y Coleman
Y Colwell Y Connell Y Couch Y Cox Y Crawford Y Crosby Y Cummings.B 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 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 N 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

N Lawrence
Y Lawson Y Lee N Linder Y Long N 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 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 Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson
Y Sinkfield Y Sizemore

1794

JOURNAL OF THE HOUSE,

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 Townsend
Y Triplett Y Twiggs Y Waddle
Y Waldrep Walket.C

Y 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

On the passage of the Bill, the ayes were 160, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Representative Colbert of the 23rd was excused from voting on SB 359 pursuant to Rule 134.

Representatives Wilson of the 20th and Reaves of the 147th 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 Morton of the 47th requests that the following statement be entered into the Journal following the House vote on SB 359, on February 29, 1988.

"Mr. Speaker, members of the House:
I have taken the well in opposition to SB 359, and I now record my vote in opposition to SB 359 for the following reasons:
(1) The current estimated cost of a Georgia War Veterans Cemetery is $3.95 million.
(2) The current estimated usage is understood to be no more than 12 burials per year.
(3) Of the three Federal Veterans' Cemeteries within a reasonable distance of all of Georgia's veterans, all three have adequate space for burials through the end of this century.
(4) For those Georgia Veterans who wish to be buried in Milledgeville, a private cemetery has volunteered to donate space at no cost to the veteran, or the State."

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

Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 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 President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Scott of the 2nd and Broun of the 46th.

MONDAY, FEBRUARY 29, 1988

1795

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

HB 1365.

By Representatives Colwell of the 4th, Jackson of the 9th, Johnson of the 72nd and Poster 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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

The President has appointed on the part of the Senate the following: Senators Tysinger of the 41st, Bryant of the 3rd and Broun of the 46th.

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

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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 437. By Senator Peevy of the 48th:
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 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.

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 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 governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

The following Committee substitute was read:

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 agencies; to change certain definitions; to require certain meetings to be

1796

JOURNAL OF THE HOUSE,

open to the public; to provide for practices, procedures, and notices; to provide for exceptions; to provide for voting; to provide for minutes and records; to provide for enforcement; to provide for jurisdiction; to provide for actions and limitations thereon; to provide for attorney's fees and expenses of litigation; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Chapter 14, relating to open meetings of public agencies, and inserting in lieu thereof a new Chapter 14 to read as follows:
"CHAPTER 14
50-14-1. (a) As used in this chapter, the term: (1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) The governing authority ef- every Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this stateT; and (E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 Vs percent of the funds from all sources of such agency; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. (2) 'Meeting' means the gathering of a quorum of the members of the governing
body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from the agency such governing body or committee or an authorized member, at a designated time er and place; at which proposed official action official business or policy of the agency is to be discussed or at which official action is to be taken or, in the case of a committee, recommendations on official business or policy to the governing body are to be formulated or discussed. The assembling together of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities under the .jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final official action is to be taken shall not be deemed a 'meeting'.
provision et tnis OP any otncr law to tnc contrary notwithstanding, tnc term ?r er 'public records' means these documents and writings whteh are prepared and kept as written memorials ef a final action taken fey any agency. {e) (b) Ail Except as otherwise provided by law, all meetings ef any agency at which proposed oiticiQi action is to oe discussed of ar wnicn otiicial action is* ce &e tatten as defined in subsection (a) of this Code section shall be open to the public at aH times. Ne Any resolution, rule, regulation, ordinance, or other formal official action of an agency ahall be binding unless adopted, taken, or made; er arrived at in compliance with this chapter at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency en the ground ef- noncompliance with this chapter based on an alleged violation of this provision must be commenced within 96 60 days of the date the resolution, jte; ordinance, ef regulation was passed er the formal action

MONDAY, FEBRUARY 29, 1988

1797

such contested action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision.
<d) (c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection {e} (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted.
{e} (d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any scheduled, adjourned, er postponed meeting required to be open to the public is to be held at a time or place other than that regularly scheduled, r when any specially called meeting required te be open to the public is te fee heW^ than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. A notice shall be suiticicnt tf posted tor a period or z4 nours ar tnc place ot regular meetings, Uue notice shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice gives shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone.
#} (e) An agenda of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes. In the case of a roll-call vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. ke
purposes of this chapter, upon application fey any citizen of this state. 50-14-2. {a} This chapter shall not be construed so as to repeal in any way: (1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and (2) Those tax matters which are otherwise made confidential by state law. {b) Where a meeting of tat agency is devoted i part to matters within the exceptions

1798

JOURNAL OF THE HOUSE,

e, or confidentiality snail fee open to trie public, and minutes or sucn portions not subject to any sucn exceptions snail fee taKen, recorded, and open to public inspection fts provided tR suusection \i) of oode oection Dv~i4 i. ttt addition, tne minutes of any such meeting shall reflect the specific reason or reasons for any closure.
oO~i f"o. tt Snarl be unlawful lor any person wno "is ~SL member of arty agency to con duct any meeting not field m accordance witn tnis cnapter. Any person violating tnis
punished by a fine net te exceed $100.00. 60-14-4 50-14-3. This chapter shall not apply to the following: (1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the receipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings; (4) Meetings when any agency is discussing the future acquisition of real estate; except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting: provided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated; (5) Meetings f any committee ef a public hospital when the committee is considering the g*ant ef- abortions ander state tewt Meetings of the governing authority of a public hospital, health care facility, or public regulatory agency, or of any committee of any of same, when conducting peer review or, jn the case of a hospital or health care facility, considering the granting or restriction or revocation of hospital staff privileges or granting of abortions under state or federal law, or discussing information of a proprietary nature; (6) Meetings when; Meetings when discussing or deliberating upon the appointment, employment, hiring, disciplinary action or dismissal, or performance of one of its officers or employees but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of one of its officers or employees; and {A)--Any agency is discussing the appointment, employment, disciplinary action, or dismissai of ft public officer or employee} or (B) Any agency is hearing complaints er charges brought againat a public officer er employee unless he requests a public meeting; and (7) Adoptions and proceedings related thereto. 50-14-4. When any meeting of an agency is closed to the public pursuant to any
provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.
50-14-5. (a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equitable relief.
(b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the violation was willful and without substantial justification, the court

MONDAY, FEBRUARY 29, 1988

1799

shall award to the complaining party attorney's fees and expenses of litigation reasonably incurred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the agency attorney's fees and expenses of litigation reasonably incurred.
50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Moultrie of the 93rd moves to amend the Committee substitute to SB 394 as follows:
On Line 22 of Page 9, eliminate the period after the word "action", and add "up to the sum of one thousand dollars".
On Line 26 of Page 9, eliminate the period after the word "incurred" and add "up to the sum of one thousand dollars.".

Representatives Clark of the 13th and Milford of the 13th move to amend the Committee substitute to SB 394 as follows:
On Page 9, Lines 27 thru 31, Section 50-14-6, strike this section in its entirety.

The following amendment was read and adopted:

Representative Ramsey of the 3rd moves to amend the Committee substitute to SB 394 as follows:
By striking on Page 2, Line 15, the word "agency" and inserting in lieu thereof the word "organization".
The following amendment was read:

Representative Isakson of the 21st moves to amend the House committee substitute to SB 394 by striking from the end of line 9 of page 2 the following:
"and".
By striking the period at the end of line 26 of page 2 and inserting in lieu thereof the following:
"j and".
By adding between lines 26 and 27 of page 2 the following:
"(f) The General Assembly as provided for in Code Section 50-14-7."
By striking the quotation marks at the end of line 31 of page 9 and adding between lines 31 and 32 of page 9 the following:
"50-14-7. All meetings of the General Assembly, its committees, and its subcommittees shall be open. The House of Representatives and the Senate shall, through their rules, provide for adequate public notice and access for all meetings held during any regular or extraordinary session of the General Assembly or during the interim period between regular sessions of the General Assembly. The rules shall also specify a method of appeal to the Legislative Services Committee for any alleged violation of such rules governing open meetings.'"

1800

JOURNAL OF THE HOUSE,

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
Alien Y Athon Y Atkins N Bailey N Balkcom Y Bannister
Y Bargeron N Barnett.B Y Barnett.M NBeck N Benefield N Benn N Birdsong N Bishop
Bostick N Branch Y Brooks N Brown NBuck Y Buford
NByrd N Carrell N Carter N Chambless
N Chance Y Cheeks Y Childers
N Clark.B Y Clark.H
Clark.L
Y Colbert

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

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

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

On the adoption of the amendment, the ayes were 62, nays 107.

The amendment was lost.

N Sizemore
N Smith.L Y Smith.P N Smith.T Y Smith.W
N Smyre N Snow N Stancil
N Stanley Y Steinberg
Y Stephens N Thomas.C Y Thomas.M
Thompson Y Thurmond Y Tolbert Y Townsend N Triplet! N Twiggs
Y Waddle N Waldrep N Walker.C Y Walker.L Y Wall N Ware N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Y Wilson N Wood N Workman
N 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 substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien N Athon
Y Atkins Y Bailey Y Balkcom Y Bannister N 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 Y Clark.B
Y Clark.H N Clark.L Y Colbert
Y Coleman Y Colwell

Y Connell Y Couch
NCox Y Crawford
Y Crosby Y Cummings.B Y 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 N 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
N Lane.R Y Langford
Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton

MONDAY, FEBRUARY 29, 1988

1801

Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam N Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler N 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 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 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 Tomsend 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, by substitute, as amended, the ayes were 166, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Benn of the 38th 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 communication was received:

March 1, 1988
MEMORANDUM
TO: Rep. Ralph Balkcom FROM: Rep. Phil Foster and Rep. Jim Griffin
Would you please revise your records to reflect that we wish to be recorded with a "NO" vote on Senate Bill 394.
/s/ Phil Foster /s/ Jim Griffin, 6th

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 1035.

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

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

1802

JOURNAL OF THE HOUSE,

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as 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; to provide certain duties for a candidate who does not have a campaign committee; to change the provisions relating to contributions or expenditures other than through a candidate or campaign committee; to change the provisions relating to campaign contribution disclosure reports; to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to change the provisions relating to the filing of financial disclosure statements by candidates for public office; to provide that a person who qualifies as a candidate for a county office shall file a financial disclosure statement with the election superintendent of the county; to provide that a person who qualifies as a candidate for a municipal office shall file a financial disclosure statement with the municipal clerk or, if there is no clerk, with the chief executive officer of such municipality; to provide for the nonapplicability of certain financial disclosure statements to public officers who do not seek election to the same or any other public office; to provide that a filing officer shall notify the commission of the names and addresses of candidates or public officers who have failed to file financial disclosure statements required by law; to to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking in its entirety Code Section 21-5-30, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows:
"21-5-30. (a) Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee; which ay consist rf only the candidate pursuant to paragraph {2} <rf Code Section 21-6-3, for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be

MONDAY, FEBRUARY 29, 1988

1803

accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source.
(e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candidate or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting; and except that copies ef earnpfli^fn c0ntriDut"ion uiscios'Uf6 reports do not liftve to DG iiied wttii locfli election superintendents as required ef candidates fw state office pursuant te paragraph 4i) of subsection {a} ef Code Section 21-6-34."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-5-32, relating to duties of the campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits.
(b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office conducted by the candidate or of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote."
Section 4. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:

1804

JOURNAL OF THE HOUSE,

"(1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Candidates or campaign Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 21-5-50 to read as follows:
"21-5-50. (a) (1) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than April W^ 1088, and July 1 of each year thereafter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than April 46; 1988, and July 1 of each year thereafter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.

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(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than April 16; 1088, and July 1 of each year thereofter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer^ as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary ef State municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than the tenth day after July 1 in the year in which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior te such qualification preceding calendar year.
(4) The Secretary ef- State filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests held on December 31 of the covered calendar year, including any intangible property, in any business entity, including the name, address, principal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or (B) Such ownership interest has a fair market value of more than $20,000.00;
(4) All direct ownership interests held as of December 31 of the covered year which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this aubparagraph paragraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments."
Section 7. Said chapter is further amended by striking in its entirety Code Section 21-5-53, relating to financial disclosure statements as public records, and inserting in lieu thereof a new Code Section 21-5-53 to read as follows:

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"21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Langford of the 7th moves to amend the Committee substitute to SB 564 as follows:
By adding on Page 4, following subparagraph (F), a new subparagraph designated "(G)" which shall read as follows:
"A person acting on behalf of any company or corporation regulated by the Commissioner of Insurance shall not make directly or indirectly, any contribution to a political campaign.".

An amendment, offered by Representative Johnson of the 123rd, was read and withdrawn.
An amendment, offered by Representative Griffin of the 6th, et al, was read and withdrawn.

The following amendment was read and adopted:

Representative Brown of the 88th moves to amend the Committee substitute to SB 564 as follows:
Insert on Line 14, Page 3, after "or" the words "the Campaign Committee".

By unanimous consent, further consideration of SB 564 was postponed until March 1, 1988, immediately following the period of unanimous consents.

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

The following Committee substitute was read:

A RESOLUTION
Providing for the designation of the Albert "Al" Holloway Labor Building; and for other purposes.
WHEREAS, Honorable Albert "Al" Holloway will be long remembered as an unparalleled leader in this state; and
WHEREAS, Al Holloway exemplified the highest standards expected of an elected public official, and his eminent reputation as a responsible leader and advocate brought

MONDAY, FEBRUARY 29, 1988

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honor and credit to the State of Georgia and the General Assembly of Georgia where he served in the House of Representatives in 1957-1958 and in the Senate from 1963 to 1987; and
WHEREAS, Honorable Al Holloway demonstrated a deep sense of dedication to resolving complex political and economic issues and contributed exceptional vision to legislative deliberations on contemporary issues; and
WHEREAS, Senator Holloway's guidance and expert authority were recognized early in his legislative career which included such influential positions as the Senate Chairman of the Industry and Labor Committee, the Transportation Committee, the Fiscal Affairs Committee, and the Senate Rules Committee and Vice-Chairman of the Senate Appropriations Committee; and
WHEREAS, as Chairman of the Senate Industry and Labor Committee, Senator Holloway was responsible for the passage of very important legislation affecting employers and employees throughout Georgia; and
WHEREAS, his superior talents as an articulate advocate and proficient negotiator were recognized by the legislative leaders of his day who consistently appointed him to key legislative conference committees as a Senate conferee and by former governors who selected him as their administration floor leader; and
WHEREAS, in 1975, Senator Holloway was elected to the prestigious position of President Pro Tempore of the Senate, reflecting the highest esteem accorded a Senator by his peers; and while he assumed this leadership role with humility, he exercised the responsibilities of that office with utmost integrity and intensity; and
WHEREAS, in light of his dedicated service to the citizens of Georgia, it is only fitting and proper that a facility be named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Commissioner of Labor is authorized and directed to designate the new offices of the Department of Labor located in Albany, Georgia, as the Albert "Al" Holloway Labor Building and shall affix an appropriate plaque at the entrance of the building for such purpose.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the wife and family of Honorable Albert W. Holloway and to Honorable Joe Tanner, Commissioner of Labor.

The following amendment was read and adopted:

Representative Chambless of the 133rd moves to amend the Committee substitute to SR 163 as follows:
By deleting on Page 1, Lines 1 and 3, and on Page 2, Line 22 "Albert" and substituting in lieu thereof "A. W.".
And, by deleting on Page 2 Line 28, "Albert" and substituting in lieu thereof "A.".

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:

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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 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 Y Colwell
Connell Y Couch YCox
Crawford Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon Y Dobbs
Y Dover Dunn 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
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 Y Langford
Y Lawler Y Lawrence Y Lawson YLee 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 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 Hansom
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 Y Thomas.C Y Thoroas,M Y Thompson Y 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 Y White Y Wilder Y Williams.B
WiUiams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

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

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 Senate substitute was read:

A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to change certain provisions relating to differences between imposition of the tax for road, street, and bridge purposes and for other purposes; to change certain provisions relating to the repeal of Article 3 of Chapter 8 of Title 48 upon the effective date of an increase in the rate of state sales and use taxation; to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to local option sales and use taxation, so as to authorize an increase in the rate of taxation under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 29, 1988

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Section 48-8-111, relating to the procedure for imposition of such tax, and inserting in its place a new Code Section 48-8-111 to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include any of the following purposes:
(A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section HI of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes); (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities; (G) The retirement of previously incurred general obligation debt of the county
such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or
(H) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or net te exceed few years if- the proceeds ef- the tas are te be used i whete er i part fer road, street, and bridge purposes, for which the tax may be imposed;

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(3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; except that if the tax- is te be imposed m whete or tft p&rt tof poftd, street^ &nd bridge purposes trie fifisxinfiuRi cost find m&xi111urn procoeds te be raised shall be omitted; and
(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article eases where the tax is imposed other than in whole or t part for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt, (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. {e) If- the tax- is te fee imposed solely for road, street, and feridge purposes, the ballot shaft have written or printed thereon the following:
~\ 7 Y j*io orift11 ft spccio.1 T percent 9dies &nd tisc t&x DC imposed tor 'food, street) and bridge purposes H i^zn^rz^rzzz^zrrzizr County for a period

{d} (c^ (1) If- the ta is te> be imposed aolcly for purposes ethef thaft for road, street, and bridge purposes and if- If no debt is to be issued, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in ___________ County for a period of time not to exceed ___________ and for the raising of not more than $____________ for the purpose of _______________?'

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

in part for other purposes, the ballot shaft have written or printed thereon the following!

iOF 8 period of

_

FOQd, street j find bridge purposes find IOP inc purpose

{e} (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this

MONDAY, FEBRUARY 29, 1988

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article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioners. The expense of the election shall be paid from county funds.
{$ ifil (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county, fe e event shaM any
road, street, er bridge purposes be used for payment ef general obligation debt."
Section 2. Said article is further amended by striking subsection (b) of Code Section 48-8-112, relating to termination of the tax, and inserting in its place a new subsection (b) to read as follows:
"(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for
the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) tf the tax was imposed solely for purposes ether than road, street, and bridge purposes, as As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax."

Section 3. Said article is further amended by striking Code Section 48-8-121, relating to the use of proceeds and issuance of general obligation debt, and inserting in its place a new Code Section 48-8-121 to read as follows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.

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(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution er ordinance eaHiag- for the imposition
rofldj street, dud DMQ^G pitrposcs, tnen fto p&Ft QT tne prooeCQS ot wic tux sn&ll DC used te retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed k whete er in part for road,
street, and bridge purposes, then ne general obligation debt shall be issued i conjuncties with th imposition ef the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this cLTiiciG soiGiy *OF pUTposcs otncp tn&n TOP roftd, street) &TIQ Dpid^e purposes wisy spccny that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes ether than for 1-eadr street, and bridge purposes may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
\j *^ no event snftii sny procoeds ot ^eneptii oDii^fltion deot issued pupsxmnt to this article be used for road, street, er bridge purposes.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds ether than frem a tax imposed whete er in part for road, street, and bridge purposes in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess

MONDAY, FEBRUARY 29, 1988

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proceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by striking Code Section 48-8-122, relating to repeal of the article upon an increase of the current state sales and use tax rate, which reads as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.", and inserting in its place a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed on July 1 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 on July 1 of the calendar year following the calendar year during which any proposed 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 submission 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 commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 5. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to local option sales and use taxation, is amended by adding after Code Section 48-8-82 a new Code Section 48-8-82.1 to read as follows:
"48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax authorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the governing authority of the county coterminous with the special district may one time increase the rate of tax imposed under this article from 1 percent to 2 percent for a period of one year. Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution or ordinance imposing the increased tax rate. The proceeds of the increased tax shall be divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent."
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 Wilson of the 20th moved that the House disagree to the Senate substitute to HB 1472.

1814

JOURNAL OF THE HOUSE,

The motion prevailed.

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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the compensation of certain state officials.

The following Senate amendment was read:

Amend HB 1342 by striking from line 11 and from line 12 of page 1 the number "1" and inserting in lieu thereof the number "2" and by striking line 14 through line 20 of
page 1 and inserting in lieu thereof the following:

"(2) Lieutenant Governor

54,920.00"

Representative Lee of the 72nd moved that the House agree to the Senate amendment to HB 1342.
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 YBeck Y Benefield YBenn Y 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 N Clark.B Y Clark.H Y Clark.L
Y Colbert

Coleman
Y Colwell Connell
Y Couch YCox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.G N Davis.M Y Dixon Y Dobbs
Dover YDunn
Edwards Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Y Green 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 Y Johnson.D Y Johnson.R
Y Kilgore N Kingston Y Lane,D Y Lane.R Y Langford Y Lawler N Lawrence Y Lawson
YLee N 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 N Morton

On the motion, the ayes were 147, nays 6. The motion prevailed.

Y Mostiler Y Moultrie
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
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 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

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

MONDAY, FEBRUARY 29, 1988

1815

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.

The following Senate amendment to the House substitute was read:

Amend SB 453 as follows: "siBtey".striking on Page 1, Line 18, the word "Monument" and substituting the word

Representative Hooks of the 116th moved that the House agree to the Senate amendment to the House substitute to SB 453.
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 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 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 Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn Edwards
Y Felton Y Floyd
Foster Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Griffin Y Groover Y Hamilton Y Manner 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 Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 154, 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
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 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 Triplet! 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

The Speaker Pro Tem 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:

1816

JOURNAL 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 Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1298

The Committee of Conference on HB 1298 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1298 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Hudgins Senator, 15th District

FOR THE HOUSE

OF REPRESENTATIVES:

, ,_

, ,,

/s/ Tommy Chambless Representative, 133rd District

/s/ Tom Crosby, Jr. Representative, 150th District

/s/ Culver Kidd Senator, 25th District

/s/ Bobby Harris Representative, 84th District

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 provisions 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 provide for the closing of the office of the clerk of superior court during inclement weather 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 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) and a new subsection (e) to read as follows:
"(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.
(e) Nothing in this Code section shall be construed to require the office of the clerk of the superior court to be open if all other county offices are closed because of inclement weather."
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.

MONDAY, FEBRUARY 29, 1988

1817

Representative Crosby of the 150th moved that the House adopt the report of the Committee of Conference on HB 1298.
On the motion, the roll call was ordered and the vote was as follows:

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

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 YDunn
Edwards Y Felton Y Floyd
Foster Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Gresham Griffin Y Groover Y Hamilton Y Manner 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 Y Lane.D YLane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey Y McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 157, 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
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.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 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

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

SB 412. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-9-30 of the Official Code of Georgia Annotated, 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; to provide that the costs of such Code and maintenance thereof for the benefit of the probate judge of each county shall be paid by the governing

1818

JOURNAL OF THE HOUSE,

authority of the county from the county law library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) To assure proper administration of the court's duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county."
Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 160,000 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
YAdams,G
YYAAdikaemns,M YAlford
Alien YAthon Y Atkins Y Bailey
YY BBaalnknciosmter
Bargeron YBarnett,B
YBarnett,M YBeck YBenefield YBenn YBirdsong Y Bishop YBostick Y Branch Y Brooks

Y Chance
Y Cheeks
YYCClhairlkd,eBrs YClark,H Y Clark L YColbert
Coleman Y Colwell
Y CCoonunchell
Y Cox Y Crawford
Y Crosby YCummings,B Y Cummings.M
Davis.G Y Davis.M YDixon YDobbs Y Dover YDunn
if

Y Green
Y Greene
Y GGrreesehr am Griffin
Y Groover Y Hamilton Y Manner Y Harris
YY HHeaastryd
Y Hensley Y Herbert
Y Holcomb Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Yaackson,W Y Jamieson
Johnson.D
jg:

Y Lawrence
Y Lawson
YY LUeneder Y Long Y Lord Y Lucas ^,upton Y Mangum
l Y M^ cComy
?, ^Donald Y McKelvey
McKmney Y Meadows Y M. am Y Milford Y Mobley Y Moody Y Moore Y Morton Y Moetiler
m

Y Parham pZn
YY PFeetteerrss Y Pettt
Y Porter Y Porter YV PPrriicrhhaarrdd Y^mlvT Y Ramsey,T
STdall Randall Y Ransom V Reaves S3Z* R?ding Y R cS0n Y Robinson Y obinson

MONDAY, FEBRUARY 29, 1988

1819

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

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

Y 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 Williams.J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

By unanimous consent, further consideration of SB 423 was postponed until March 1, 1988, immediately following the period of unanimous consents.

SB 413. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, 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; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority."

1820

JOURNAL OF THE HOUSE,

Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 160,000 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M
YBeck Y Benefleld YBenn Y Birdsong Y Bishop
Bostick Y Branch
Brooks Brown YBuck Y Buford YByrd Y Carrell 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
YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Griffin Y Groover Y Hamilton Y Banner 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 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 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
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 Ricketeon 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 Stand) 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 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 148, nays 0.

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

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 29, 1988

1821

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

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

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 Y Dunn
Edwards Felton Y Ployd Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham 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 Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum
Martin Y 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
Y Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinks ton Y Pittman Y Porter
Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
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 Y Steinberg Y Stephens
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
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 148, nays 0.

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

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.

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

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

Y 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 Clark.H
Y Clark,L
Y Colbert 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
YDunn Edwards

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

1822

JOURNAL OF THE HOUSE,

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 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 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
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 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 Triplet! 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 adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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 convenient for the exercise of the powers and duties of the board, the commissioner, and the department.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, 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 convenient for the acquisition of professional and personal employment services and for the leasing of real property; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by striking in its entirety Code Section 42-2-8, relating to additional duties of the commissioner of corrections, and inserting in lieu thereof a new Code Section 42-2-8 to read as follows:
"42-2-8. The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he may be directed to perform by the board. The commissioner or his designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property."

MONDAY, FEBRUARY 29, 1988

1823

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
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
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 Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Greer Gresham 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
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
McDonald
McKelvey McKinney Y Meadows Milam Y Milford
Mobley Y Moody Y Moore Y Morton

Y Mostiler
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
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,P Y Smith.T
Smith.W
Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Y Thomas.C Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C N 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 147, nays 1.

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

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

HB 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.

Representative Colbert of the 23rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 862 and that a Committee of Conference be

1824

JOURNAL OF THE HOUSE,

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Colbert of the 23rd, Barnett of the 10th and Dobbs of the 74th.

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 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.

Representative Rainey of the 135th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1441 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 Rainey of the 135th, Moody of the 153rd and Peters of the 2nd.

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

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 Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 1440 by inserting at the end of line 5 of page 1 the following:
"provide for bag limits with respect to hunters using firearms; to provide for the hunting of antlerless deer; to".
By adding in Section 1 on line 27 of page 1, following the word "below" and preceding the colon, the following:
"; provided, however, that the bag limit for deer for hunters using firearms shall be four, of which two must be antlerless, and antlerless deer shall be harvested only on

MONDAY, FEBRUARY 29, 1988

1825

dates and in counties in which either-sex hunting is authorized or on wildlife management areas where authorized".

Senate Amendment No. 2 Amend HB 1440 by striking from line 28 of page 3 the following: "25",
and inserting in lieu thereof the following: "28".

Senate Amendment No. 3 Amend HB 1440 by striking on Page 4, line 15, the figure "5" and inserting "18", and By striking on Page 5, line 30, the figure "8" and inserting "12", and By striking on Page 3, line 20, the figure "8" and inserting "12".
Representative Rainey of the 135th moved that the House disagree to the Senate amendments to HB 1440.
The motion prevailed.
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.

1826

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. G. Al Wright, Jr., Pastor, First Baptist Church, Fitzgerald, 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 introduced, read the first time and referred to the committees:
HB 1916. By Representatives Herbert of the 76th and Mostiler of the 75th: A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1917. By Representatives Dover of the llth and Jamieson of the llth: A bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have 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.

TUESDAY, MARCH 1, 1988

1827

HB 1918. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have 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.

HR 970. By Representatives Rainey of the 135th and Peters of the 2nd: A resolution creating the House State Parks Study Committee.
Referred to the Committee on Rules.

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

HB 1920. By Representative Greene of the 130th:
A bill to create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions.
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 1903 HB 1904 HB 1905 HB 1906 HB 1907 HB 1908 HB 1909 HB 1910 HB 1911

HB 1912 HB 1913 HB 1914 HB 1915 HR 928 HR 955 SB 680 SB 681 SR 360

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 642 Do Pass HR 930 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

1828

JOURNAL OF THE HOUSE,

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 588 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 365 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 318 Do Pass, by Substitute SB 462 Do Pass, by Substitute SB 573 Do Pass
Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:

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

HR 572 Do Pass, as Amended HR 839 Do Pass

HR 929 Do Pass SR 360 Do Pass

TUESDAY, MARCH 1, 1988

1829

Respectfully submitted, kl Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

SB 511 Do Pass, by Substitute SB 556 Do Pass SB 557 Do Pass

SB 610 Do Pass SB 585 Do Pass SB 590 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

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

Mr. Speaker:

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

HB 1894 Do Pass HB 1895 Do Pass HB 1899 Do Pass HB 1900 Do Pass

HB 1902 Do Pass SB 671 Do Pass HB 1879 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 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 618 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, MARCH 1, 1988
Mr. Speaker and Members of the House:

1830

JOURNAL OF THE HOUSE,

The House Committee on Rules has set the calendar for this 36th Legislative Day as enumerated below:
HR 589 Uni. Sys. Lab., Equip. Tech, & Eminent Sch. Endow. St. Com. HR 823 House Chattahoochee Valley Indian Heritage Study Com.: Create HR 904 J. Strom Thurmond Lake: Urge Cong. Add Water Cons, to Cert. List HR 924 Rabun County: Urge Lease of Certain Property By Agr. Comm.
SB 411 Council of Probate Ct. Judges of Ga.: Establish SB 423 Athlete Agents: Regulation (P.P. Until 3-1-88) SB 463 County Officials: Cost-of-Living Adjustments SB 484 Emergency Telephone Call: Fees: Prohibitions SB 503 Submerged Cultural Resources: Regulations: Bd. of Nat. Res. SB 516 Court Bailiffs: Compensation SB 518 Low-Level Radioactive Waste Management Compact: Withdrawal SB 533 Fulton County: Alternative Tax Deferral For The Elderly SB 547 Bd. of Workers' Comp.: Exec. Dir.: Ex Officio Mem. of Trustees SB 564 Campaign Financial Disclosure: Cert. Candidates (P.P. 3-1-88) SB 570 Nuisances: Treatment of Agri. Operations: Amend Provisions SB 575 Fair Bus. Practice: Cert: Telephone Solicitation: Req. SB 577 Downtown Dev. Auth.: Include Hospitals, Nursing Homes, Etc. SB 599 Crimes: Conversion of Leased Property: Punishment SB 635 Captive Insurance Companies: Regulations
SR 264 Joint Study Committee on APDC: Create SR 347 County Jails: Construction: Certain Fees-CA SR 350 Indigent Care Trust Fund: Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HB 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.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1879 by adding immediately before the word "at" on line 4 of page 2 the following:
"by plurality vote".
By adding immediately before the period on line 12 of page 2 the following:
"and provided that no person shall be eligible to succeed himself or herself in the office of mayor more than once".
By adding immediately before the period on line 24 of page 3 the following:

TUESDAY, MARCH 1, 1988

1831

"except that an election to fill a vacancy in the office of mayor shall be by plurality vote".

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 ayss were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1899. By Representatives Pittman of the 60th and Goodwin of the 63rd:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the 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 1900. 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 add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to continue the existing terms of the present judges 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 1902. By Representative Ware of the 77th:
A bill to provide a new charter for the City of Franklin; 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.

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

1832

JOURNAL OF THE HOUSE,

SB 671. By Senators Harrison of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

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

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 1894.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of 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 YAdams.M
Aiken
YAlford Alien
YAthon Atkins
Y Bailey YBalkcom
Bannister
YBargeron YBarnett,B
Barnett,M Beck YBenefield Benn YBirdsong Y Bishop
YBostick Y Branch Y Brooks
Y Brown

Y Clark B Clark.H
Y Clark.L Colbert
Coleman YColwell YConnell Y Couch
Cox Y Crawford Y Crosby
Cummings.B Y Cummin|s,M Y Davis.G
Davis,M Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Felton
YFloyd
Y Foster

Y Hamilton Y Banner Y Harm Y Hasty
Heard Y Hensley
Herbert YHolcomb 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 N Lawler
Y !="

Y Martin Y McCoy
McDona W Y McKelvey
McKinney Y Meadows Y Milam
M'lford Y Mobley
Moody Y Moore
Morion Y Mostuer YMou ,trle
MueUer Y O iver.C Y Oliver M
Orrock Y Padgett
v lm?M H"h.T Y Parrish
Patten
?

Ramsey.T Ramsey.v Randan Ransom
RI Reaves Redding R chardson Y Riclketson Y Robinson Y Royal
SK H |h ep ard Y l^nsnn Y Simpson Y Sinkfield Y Sizernore Y Sm th.L YS mith.P
Y Smith W fm |my
v Stencil

Y^bless Yc YChilders

r Y Groover

u Y Mangum

Y Rainey

Tolbert

TUESDAY, MARCH 1, 1988

1833

Townsend Y Triplet! Y Twiggs
Waddle

Y Waldrep Walker.C
Y Walker,L Y Wall

Ware Y Watson
Y Watts White

Wilder Williams.B Y Williams,J Wilson

Wood Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 119, nays 1. The Chair voted "aye". On the passage of the Bill, the ayes wer 120, nays 1. The Bill, having received the requisite two-thirds 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 1895.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.

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

Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon
Atkins
Y Bailey Y Balkcom
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 Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B
Clark.H Y Clark,L
Colbert

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

Y Holmes Y Hooks
Y Hudson Isakson
Y Jackson,J
Y Jackson,W Y Jamieson Y Johnson,D Y Johngon.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford N Lawler Y Lawrence Y Lawson
YLee Y Under
Long
Lord Y Lucas
Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford Y Mobley
Moody Y Moore
Morton

Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Y Pinkston Pittman
Y Porter
Y Powell Y Prichard Y Rainey
Ramsey.T Ramsey.V Randall Ransom YRay Reaves 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
YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas.C
Y Thomas.M Thompson
Y Thurmond Tolbert Townsend
Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L YWall
Ware Y Watson Y Watts
White Wilder Williams ,B Y Williams,J
Wilson Wood Workman Y Yeargin Murphy,Spkr

1834

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 119, nays 1. The Chair voted "aye". On the passage of the Bill, the ayes were 120, nays 1. The Bill, having received the requisite two-thirds 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.

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

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

HB 1708. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Mansfield.

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.

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 designated periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

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 councilman.

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 residents, together with the gross income of their spouses, does not exceed $4,000.00 for the immediately preceding taxable year; to provide for a referendum.

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.

TUESDAY, MARCH 1, 1988

1835

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.

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.

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.

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.

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 residents of that county who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

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 District 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.

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.

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.

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 magistrate.

HB 1834. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Irwinton.

1836

JOURNAL OF THE HOUSE,

HB 1835. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Gordon.

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.

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.

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 education therefor.

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 Johnson County, so as to change the method of selection of the chief magistrate.

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 individuals 65 years of age or older.

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 purchases below which the administrator need not seek approval from the governing authority.

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.

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.

HB 1857.

By Representative Meadows of the 91st:
A bill to amend an Act incorporating the City of Manchester, so as to provide for the election of the members of the board of commissioners of the City of Manchester from election districts.

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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.

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.

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.

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.

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.

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.

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 provide a $25,000.00 homestead exemption from Henry County School District taxes for residents of that school district who are 65 years of age.

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.

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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.

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.

HB 1151.

By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts.

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.

HB 1282.

By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual registration and licensing of motor common carriers and motor contract carriers operated under a certificate or permit.

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 Annotated, 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.

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 Annotated, relating to granting of protective orders and approval of consent agreements, 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.

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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 noncommercial 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.

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.

HB 1499. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-13 of the Official Code of Georgia Annotated, 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.

HB 1501.

By Representative McKinney of the 35th:
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.

HB 1502.

By Representative McKinney of the 35th:
A bill to amend Code Section 36-42-8 of the Official Code of Georgia Annotated, 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.

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 proceedings, so as to prohibit the destruction, alteration, or falsification of certain records.

HB 1768.

By Representatives Groover of the 99th and Triplet! of the 128th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, 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.

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.

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

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.

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.

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 Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and special nuclear materials as sources of ionizing radiation.

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

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 Annotated, 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.

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

TUESDAY, MARCH 1, 1988

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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 Annotated, 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.

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 Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts.

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

HR 621. By Representative Mobley of the 64th:
A resolution consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder.

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.

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 agreements on three tracts of certain state owned real property in Cobb County, Georgia.

HR 916. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th, Balkcom of the 140th and Hooks of the 116th:
A resolution commending Duncan Moore.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

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HB 1241.

By Representatives Twiggs of the 4th, Manner 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 Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

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

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.

The Senate has agreed to the House amendments to the following Bills and Resolution of the Senate:

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 Annotated, relating to general provisions relative to counties and municipal corporations, 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 circumstances.

SB 624. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, expenses, and allowances 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 544. By Senator Langford of the 35th:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the "Carnival Ride Safety Act," so as to delete certain provisions 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.

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 circumstances 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 amendment for ratification or rejection.

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

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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 following Senate amendment was read:

Amend HB 1800 by striking from lines 27 and 28 of page 7 the following: ", but no municipal general election shall be held in 1990".

Representative Yeargin of the 14th moved that the House agree to the Senate amendment to HB 1800.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to provide a short title; to define certain terms; to provide for the creation of the Georgia Athlete Agent Regulatory Commission and the appointment of members; to provide for the commission's powers, duties, and compensation of its members; to provide for the registration of athlete agents; to provide for the investigation of applicants attempting to become registered athlete agents; to provide grounds for refusal to grant registration; to provide for revocation or suspension of registration; to provide for the duration of registration; to provide for temporary registration; to provide for disclosure; to provide for fees; to require athlete agents to have surety bonds; to prohibit certain conduct of athlete agents; to provide for the effect of failure to comply with certain provisions of law; to provide for confidentiality of certain records; to provide for the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for sanctions and penalties; to provide for termination of the commission and the repeal of laws relating thereto; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapter 4 and Chapter 5 a new Chapter 4A to read as follows:

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"CHAPTER 4A
43-4A-1. This chapter shall be known and may be cited as the 'Georgia Athlete Agents Regulatory Act of 1988.'
43-4A-2. As used in this chapter, the term: (1) 'Agent contract' means any contract or agreement pursuant to which an athlete
authorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete.
(2) 'Athlete' means an individual who resides in this state and who: (A) Is eligible to participate in intercollegiate sports contests as a member of a
sports team of an institution of higher education located in this state which is a member of a national association for the promotion and regulation of intercollegiate athletics; or
(B) Has participated as a member of such a sports team at an institution of higher education and who has never signed a professional sports services contract with a professional sports team. For purposes of this subparagraph, execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team. (3) 'Athlete agent' means a person who, directly or indirectly, recruits or solicits an athlete to enter into an agent contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Person' means any individual, company, corporation, association, partnership, or other legal entity. (6) 'Player associations or organizations' means any association or organization which represents professional athletes in collective bargaining with the management or ownership of professional sports teams or organizations. (7) 'Professional sports services contract' means any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete. (8) 'Resident' means a person who is a legal resident of this state and shall also include a student enrolled in a college or university in this state. 43-4A-3. (a) There is created a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. The commission shall consist of six members with an interest in college athletics to be appointed as follows: (1) The Governor shall appoint two commission members; (2) The President of the Senate shall appoint two commission members; and (3) The Speaker of the House of Representatives shall appoint two commission members. All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission. (b) The effective date of all original appointments shall be September 1, 1988. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17.

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(e) The commission shall elect annually a chairman and a vice-chairman. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2.
(i) The joint-secretary shall be the secretary of the commission and provide all administrative services.
43-4A-4. No person shall engage in or carry on the occupation of an athlete agent either within the state or with a resident of the state without first registering with the commission.
43-4A-5. (a) A written application for registration shall be made to the commission on the form prescribed by the commission and shall state the following:
(1) The name of the applicant and address of the applicant's residence;
(2) The address where the business of the athlete agent is to be conducted; (3) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application; and
(4) Such biographical information on the applicant as may be deemed necessary by the commission. (b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes. The commission, in evaluating the applicant's
qualifications, may consider any other relevant training, education, or experience to satisfy this requirement.
43-4A-6. Upon receipt of an application for registration, the commission may evalu-
ate and investigate the education, training, experience, and character of the applicant and may examine the premises designated in the application to verify it to be the prin-
cipal place of business in which the applicant proposes to conduct business as an athlete agent.
43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration upon proof that the applicant or his or her representative
or employee: (1) Has made false or misleading statements of a material nature in his or her
application for registration; (2) Has ever misappropriated funds or engaged in other specific acts such as
embezzlement, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;
(3) Has engaged in such other conduct that has a significant adverse impact on his
or her creditability, integrity, or competence to serve in a fiduciary capacity; (4) Has engaged in conduct which violates or causes an athlete to violate any rule
or regulation promulgated by the National Collegiate Athletic Association governing
student-athletes and their relationship with athlete agents; (5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16
or has been convicted of a gambling offense in another state; (6) Has been convicted of an offense relating to the profession of an athlete agent
in another state; or
(7) Is unwilling to swear or affirm that he or she will comply with such rules and
standards of conduct for athlete agents as may from time to time be promulgated by the commission.
(b) Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's last known address.
43-4A-8. The commission is authorized to revoke or suspend the registration of an athlete agent for any violation of those provisions set forth in Code Section 43-4A-7 or
for a violation of Code Section 43-4A-16.

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43-4A-9. A registration shall be valid for a period of up to two years. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. A renewal fee shall be paid by the athlete agent at the time of filing such application.
43-4A-10. The commission may, at its discretion, issue a temporary registration valid for a period not exceeding 90 days subject, where appropriate, to the automatic and summary revocation by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5.
43-4A-11. All applications for registration or renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested either as partners, associates, or profit sharers in the operation of the business of the athlete agent.
43-4A-12. (a) A filing fee to be determined by the commission shall be paid at the time the application for issuance of an athlete agent registration is filed.
(b) In addition to the fee required for application for issuance of an athlete agent registration, every athlete agent shall pay biennially a renewal fee which shall accompany the application for renewal.
(c) The commission shall set the fees required by this Code section in the amount necessary to generate sufficient revenue to cover the costs of administration and enforcement of this chapter.
43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of $100,000.00. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic association of a university in this state aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 and would be grounds for revocation of a license under Code Section 43-4A-8. If more than one athletic association suffers damages by the actions of an athlete agent, each athletic association shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each athlete who loses college eligibility as a result of actions of the athlete agent.
43-4A-14. If any registrant fails to maintain such bond so as to comply with the provisions of Code Section 43-4A-13, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension.
43-4A-15. Each registration shall contain the following:
(1) The name of the registrant;
(2) A designation of the address of the place in which the registrant is authorized to carry on business as an athlete agent; and
(3) The registration number and date of issuance of the registration.
43-4A-16. (a) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's college eligibility in a sport in which the athlete participates at a university in this state shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's university and the sport or sports in which the athlete competes at such university. The commission shall within three business days notify in writing the athletic director of the university attended by the athlete. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract.
(b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's college eligibility to participate in a sport at the university in which such athlete is under scholarship or participates in such sport.

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(c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic association of a university for which an athlete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any college eligibility at such university.
43-4A-17. The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the commission and the provisions of this chapter.
43-4A-18. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Athlete Agent Regulatory Commission shall be terminated on July 1, 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. Those provisions of this Act which authorize appointing the members of the commission and the promulgation of rules and standards thereby shall become effective July 1, 1988; the remaining provisions of this Act, including but not limited to those which prohibit violations of this Act and rules and standards promulgated pursuant thereto, shall become effective 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 Alford of the 57th moves to amend the Committee substitute to SB 423 by adding at the end of line 10 of page 3 the following:
"The term 'athlete agent' does not include the owner, employee, or other representative of a professional sports team so long as such owner, employee, or representative, while an athlete is under scholarship or participates in a sport at a university, does not recruit or solicit such athlete to enter into an agent contract or professional sports services contract or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team."

Representatives Alford of the 57th and Lucas of the 102nd move to amend the Committee substitute to SB 423 as follows:
By adding Section 2 to read:
"This Act shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized non-scholastic association whether amateur or semi-professional with respect to such sport, nor shall it apply to the owner or coach of such athlete's team when representing such athlete.".
And, renumbering the appropriate sections.

The Committee substitute, as amended, was adopted.

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

Aaron
Adams.G Y Adams.M

Aiken
Y Alford Alien

Athon
Y Atkins Y Bailey

Balkcom
Y Bannister Y Bargeron

Y Barnett.B
Y Barnett.M Beck

1848

JOURNAL OF THE HOUSE,

Y Benefield
Benn Y Birdsong
Bishop 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
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
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 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 Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows YMilam
Milford Y Mobley
Moody Y Moore
Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 0.

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

Representatives Tolbert of the 58th, Morton of the 47th and Patten of the 149th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.

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

Y Aaron Y Adams.G Y Adams,M
Aiken Y Alford
Alien Athon Y Atkins
Y Bailey

Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong

Y Bishop Y Bostick
Y Branch 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 Y Colbert

Coleman Y Colwell Y Connell Y Couch
YCox Y Crawford Y Crosby Y Cummings.B Y Cummings.M

TUESDAY, MARCH I, 1988

1849

Y Davis.G Y Davis,M Y Dixon YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty
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 Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
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
Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell

Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V YRandall Y Ransom
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
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 Y Ware Y Watson
Y Watts 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 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 report of the Committee, which was favorable to the 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
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 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 Edwards Y Felton
Y Floyd

Y Foster
Galer Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner 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 Langford
Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
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
Oliver.M Orrock
Y Padgett Pannell
YParham 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
Ray
Y Reaves Y Redding

1850
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

JOURNAL OF THE HOUSE,

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

Y Steinberg Stephens Thomas.C
Y Thomas.M
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 Wilder Y Williams.B Williams.J 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.

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 Annotated, 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.

The report of the Committee, which was favorable to the 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
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 Guilders
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
Dunn Y Edwards Y Felton
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
Herbert Y Holcomb

Y Holmes Y Hooks
Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord
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 Y Oliver.C
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 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
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 Wilder 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.

TUESDAY, MARCH 1, 1988

1851

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.

The following Committee substitute was read and adopted:

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; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, is amended by adding at the end thereof a new Code Section 15-9-15 to read as follows:
"15-9-15. (a) There is created a council to be known as 'The Council of Probate Court Judges of Georgia.' The council shall be composed of the judges and judges emeriti of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, first vice president, second vice president, secretary-treasurer, and such other officers and committees as the council shall deem necessary.
(b) It shall be the purpose of The Council of Probate Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred on it by law and to further the improvement of the probate courts and the administration of justice.
(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose or from other funds available to the council."
Section 2. Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Probate court' means a probate court of a county having a population of more than 160,000 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M

Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett,M Y Beck

1852

JOURNAL OF 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
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 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 Y Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooks
Hudson
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R

Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence
Y Lawson YLee
Y Under YLong YLord
Lucas Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody Y Moore Y Mortpn
Mostiler Y Moultrie
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 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
Y Stephens Y Thomas.C Y Thomas.M
Thompson Thurmond Y Tolbert Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J
Wilson Y Wood
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.

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 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 President has appointed on the part of the Senate the following: Senators Newbill of the 56th, Deal of the 49th and Bowen of the 13th.

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

SR 347. By Senators Barnes of the 33rd and Garner of the 30th:

TUESDAY, MARCH 1, 1988

1853

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 an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties; 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 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 an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by 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 an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties?"

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

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties; 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 general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by

1854

JOURNAL OF THE HOUSE,

general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

N 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
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 Y Clark.B
Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Y Connell Y Couch Y Cox
Y Crawford Crosby
Y Cumn N Cummings.M N Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
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 Herbert
Y Holcomb

Y Holmes
Y Hooks Y Hudson YIsakson Y Jackson,J
Jackson,W
Y Jamieson Johnson,D
Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Lawler Lawrence Y Lawson
Lee Y Linder
Long 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
Mueller Y Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
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
Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

On the adoption of the Resolution, by substitute, the ayes were 139, nays 4.

TUESDAY, MARCH 1, 1988

1855

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

The Speaker Pro Tern assumed the Chair.

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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The following amendment was read and adopted:

Representatives Byrd of the 153rd, Oliver of the 121st and Reaves of the 147th move to amend SB 570 by adding after the word "products" on line 2 of page 3 the following:
", honeybees, or honeybee products".
By adding between lines 20 and 21 of page 3 the following:
"(E) The production and keeping of honeybees and the production of honeybee products;".
By redesignating subparagraphs (E) through (I) on lines 21 through 30 of page 3 as subparagraphs (F) through (J), respectively.

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

Y Aaron
Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom 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 Chance
Y Cheeks Y Childers

Y Clark.B
Clark.H Y Clark.L Y Colbert
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 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 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 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 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
Pettit Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey

Y Ramsey.T
Y Ramsey.V Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Shepard
Y Sherrod Simpson 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 Y Tolbert

1856

JOURNAL OF THE HOUSE,

Y Townsend Y Triplett
Twiggs
Y Waddle

Y Waldrep Walker.C
Y Walker.L
Y Wall

Y Ware Y Watson Y Watts
White

Wilder Y Williams.B Y Williams,J Y Wilson

Y Wood Workman
Y Yeargin Murphy.Spkr

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

By unanimous consent, SB 570, as amended, was ordered immediately transmitted to the Senate.

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 submerged cultural resources are of no economic or cultural value and may be exempt from provisions of this part.

The report of the Committee, which was favorable to the 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 Benn Birdsong Y 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
Y Clark.H 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 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
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
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 Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson
Sinkfield

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

On the passage of the Bill, the ayes were 154, nays 0.

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

TUESDAY, MARCH 1, 1988

1857

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 periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state 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 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 Balkcotn
Y Bannister
N Bargeron Y Harriett,H Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong 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
Connell
Couch YCox
Crawford
Crosby Cumminga.B Y Cummings.M
Y Davis.G N Davis.M
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 Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y 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
Lawler Y Lawrence Y Lawson
YLee Y Under YLong
YLord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald N McKelvey
McKinney Y Meadows
YMilam Y Milford
Y Mobley Y Moody Y Moore N Morton

Y Mostiler Y Moultrie
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 Y Pittman Y Porter Y Powell
Y Prichard Y Rainey
Y Ramsey.T N Ramsey.V Y Randall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shepard N Sherrod
Simpson Y Sinkfield

Y Sizemore
Y Smith,L N 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
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L N 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 141, nays 9. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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

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.

The following Senate substitute was read:

1858

JOURNAL OF THE HOUSE,

A BILL
To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of certain officials; to provide for the effective date of such 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 for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner.....................................................................................! 39,500.00 per annum Sheriff......................................................................................................... 46,484.00 per annum Clerk of the superior court...................................................................... 32,800.00 per annum Clerk of the state court........................................................................... 30,000.00 per annum Clerk of the probate court...................................................................... 26,000.00 per annum Judge of the recorder's court.................................................................. 57,000.00 per annum Judge of the probate court...................................................................... 44,000.00 per annum Judge of the juvenile court..................................................................... 44,100.00 per annum Judge of the state court........................................................................... 60,000.00 per annum Chief magistrate of the magistrate court.............................................. 38,000.00 per annum
Coroner....................................................................................................... 8,200.00 per annum (b) (1) Except as provided in paragraph (2) of this subsection, effective on the first day of the next term of office which begins after July 1, 1988, each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner .................................................................................$ 47,000.00 per annum Sheriff..................................................................................................... 49,000.00 per annum Clerk of the superior court.................................................................. 37,000.00 per annum Clerk of the state court........................................................................ 33,000.00 per annum Clerk of the probate court................................................................... 28,500.00 per annum Judge of the recorder's court.............................................................. 59,500.00 per annum Judge of the probate court.................................................................. 48,000.00 per annum Judge of the juvenile court................................................................. 48,000.00 per annum Judge of the state court....................................................................... 63,000.00 per annum Chief magistrate of the magistrate court.......................................... 43,000.00 per annum
Coroner................................................................................................... 8,200.00 per annum (2) The governing authority of Chatham County may, at any time, raise the mini-
mum salary of any officer or official listed in this section to the minimum salary set forth in paragraph (1) of this subsection."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Alien of the 127th moved that the House agree to the Senate substitute to HB 1481.
On the motion, the ayes were 120, nays 0.

TUESDAY, MARCH 1, 1988

1859

The motion prevailed.

The following Resolution of the House was read and adopted:

HR 956. By Representatives Jamieson of the llth, Lane of the 27th, Murphy of the 18th, Watts of the 41st, Alford of the 57th, Felton of the 22nd, Green of the 106th, Isakson of the 21st, Kingston of the 125th, Milam of the 81st, Mobley of the 64th, Richardson of the 52nd, Ricketson of the 82nd, Royal of the 144th, Smith of the 16th, Snow of the 1st, Yeargin of the 14th and others:
A resolution recognizing and commending Honorable George Drayton "G. D." Adams.

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

1860

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 594 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 608 Do Pass, by Substitute SB 578 Do Pass, by Substitute
Respectfully submitted, /s/ Jackson of the 9th
Chairman

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 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 Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties.

The Senate adheres to its amendment and has appointed a Committee of Conference on 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.

TUESDAY, MARCH 1, 1988

1861

The President has appointed on the part of the Senate the following: Senators Gillis of the 20th, English of the 21st and Kennedy of the 4th.

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

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

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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The following Resolutions of the House were read and adopted:

HR 957. By Representatives Godbee of the 110th, Bargeron of the 108th and Watts of the 41st:
A resolution commending Mr. James D. Smith.

HR 958. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending and recognizing Abit Massey as the Gainesville Rotary Club Man of the Year.

HR 959. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending and recognizing Jean Osborn Sawyer as the Gainesville Rotary Woman of the Year.

HR 960. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Elizabeth B. Rogers.

HR 961. By Representative Balkcom of the 140th: A resolution recognizing and commending Mrs. Thelma W. Davis.

HR 962. By Representatives Birdsong of the 104th, Groover of the 99th and Waldrep of the 80th:
A resolution in memory of Kathryn Fouche Roberts.

1862

JOURNAL OF THE HOUSE,

HR 963, By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending Mr. Ralph H. Ayers.

HR 964. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution recognizing Cherokees of Georgia Intertribal Council, Inc., as a native American Indian entity.

HR 965. By Representatives Richardson of the 52nd, Murphy of the 18th, Aaron of the 56th, Workman of the 51st, Redding of the 50th and others:
A resolution expressing sympathy at the death of Honorable Peggy M. Childs.

HR 966. By Representatives Crosby of the 150th and Dixon of the 151st:
A resolution recognizing the 150th anniversary of the Wildes Family Massacre.

HR 967. By Representatives Dover of the llth and Jamieson of the llth:
A resolution congratulating Mr. Pledger Dillard Cotton and Mrs. Clara Bell O'Dell Cotton on the occasion of their sixty-seventh wedding anniversary.

HR 968. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th, Colwell of the 4th and Dobbs of the 74th:
A resolution commending Mr. Jimmy Roach and the members of the Cub Scout Troop of White County.

HR 969. By Representatives Dover of the llth, Clark of the 13th, Foster of the 6th and Griffin of the 6th:
A resolution proclaiming March 19, 1988, as Native Americans in Georgia Day at the state capitol.

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

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.

HR 929. By Representatives Birdsong of the 104th, Porter of the 119th, Walker of the 115th, Groover of the 99th, Pinkston of the 100th and others:
A resolution inviting the Honorable William Earl Hamrick to the House of Representatives; to recognized, commend, and express appreciation and gratitude to SHeriff Hamrick.

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:

TUESDAY, MARCH 1, 1988

1863

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such 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 roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Adams,M
N Aiken Y Alford
Alien Y Athon N Atkins
Bailey
Y Balkcom Y Bannister
Y Bargeron 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 Carter
Chambless Chance
Y Cheeks Y Childers
N Clark.B N Clark.H N Clark,L
Colbert

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

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

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

N Sizemore
Y Smith.L
Y Smith,? Smith.T
N Smith.W
Y Smyre YSnow Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond N Tolbert Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker,C Y Walker,L Y Wall YWare Watson Y Watts White N Wilder Y Williams,B Williams,J Wilson Wood Y Workman Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 90, nays 26. The Chair voted "aye". On the passage of the Bill, the ayes were 91, nays 26. The Bill, having received the requisite constitutional majority, was passed.

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 SB 516.

Representative Bailey of the 72nd stated that he had been called from the floor of
the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 insurance by captive insurance companies.

1864

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

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 define certain terms; to authorize the transaction of certain kinds of insurance by captive insurance companies; to provide requirements for certificates of authority, incorporation, the names and organization of captive insurance companies, directors, and minimum capital and surplus; to provide standards for the use of letters of credit; to provide for the application for a certificate of authority and procedures for review and approval by the Commissioner of Insurance; to provide for the renewal of a certificate of authority; to provide for allowable assets and reserves; to provide for records; to provide requirements for reinsurance; to provide for annual reports; to provide for examinations; to provide requirements for investments; to provide requirements for rates and policy forms; to exempt captive insurance companies from participation in certain pools or joint underwriting associations; to provide for the taxation and assessment of captive insurance companies; to provide for the applicability of other provisions of Title 33 of the Official Code of Georgia Annotated to captive insurance companies; to provide for the regulatory powers and authority of the Commissioner of Insurance; 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 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking in its entirety Code Section 33-40-3, relating to prerequisites to offering insurance, and inserting in its place a new Code Section 33-40-3 to read as follows:
"33-40-3. A risk retention group seeking to be chartered in this state must be chartered and licensed as a casualty or liability insurance company as provided in this title or as a risk retention group captive insurance company under Chapter 41 of this title and, except as provided elsewhere in this chapter or in Chapter 41, as applicable, must comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and licensed in this state and with Code Section 33-40-4 to the extent such requirements are not a limitation on laws, rules, regulations, or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the Commissioner a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of casualty or liability insurance."
Section 2. Said title is further amended by adding at the end thereof a new Chapter 41 to read as follows:
"CHAPTER 41
33-41-1. This chapter shall be known and may be cited as the 'Georgia Captive Insurance Company Act.'
33-41-2. Terms not otherwise defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term:
(1) 'Affiliate' means an individual, partnership, corporation, trust, or estate that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insurance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, 'control' means:
(A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of snares entitled to vote or possessing 50 percent or more of the total value of the outstanding shares of the corporation; and

TUESDAY, MARCH 1, 1988

1865

(B) Ownership of 50 percent or more by value of the beneficial interests in a partnership, trust, or estate. (2) 'Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a corporation that is the sole shareholder of an association captive insurance company. (3) 'Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association. (4) 'Captive insurance company' means any pure captive insurance company, association captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (5) 'Industrial insured' means an insured:
(A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and
casualty agent, broker, or counselor in such person's state of domicile; (B) Whose aggregate annual premiums for insurance on all risks total at least
$25,000.00; and (C) Who either:
(i) Has at least 25 full-time employees; (ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million.
(6) 'Industrial insured captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of industrial insureds and their affiliates and which has as its shareholders or
members only industrial insureds that are insured or reinsured by the industrial insured captive insurance company or which has as its sole shareholder or sole member a corporation whose only shareholders are industrial insureds that are insured
or reinsured by the industrial insured captive insurance company. (7) 'Parent' means a corporation which directly owns shares representing more
than 50 percent of the total outstanding voting power and value of a pure captive insurance company.
(8) 'Pure captive insurance company' means any domestic insurance company
granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent.
(9) 'Risk retention group captive insurance company' is any pure, association, or industrial insured captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established
and maintained as a 'risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title.
(10) 'Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certif-
icate of authority, and initial capitalization of a captive insurance company. 33-41-3. (a) Subject to the provisions of subsection (c) of this Code section and the
other provisions of this chapter, a captive insurance company, where permitted by its charter, may engage in the business of any of the following kinds of insurance or
reinsurance: (1) Casualty, as described in Code Section 33-7-3 but excluding accident and sick-
ness insurance as defined in Code Section 33-7-2; (2) Marine and transportation, as described in Code Section 33-7-5;
(3) Property, as described in Code Section 33-7-6; and
(4) Surety, as described in Code Section 33-7-7. (b) Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity

1866

JOURNAL OF THE HOUSE,

with all minimum requirements for coverages and coverage amounts established by the state for such types of insurance. Such insurance policies and bonds issued by a captive insurance company shall be deemed to constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensation insurance prescribed by Code Section 34-9-121.
(c) Except as otherwise provided in subsection (d) of this Code section: (1) A captive insurance company may not insure or reinsure any risks resulting
from:
(A) Any personal, familial, or household responsibilities; or (B) Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including professional or fiduciary services; or commercial premises or commercial operations; (2) A captive insurance company may only cede reinsurance as provided in Code Section 33-41-15;
(3) A pure captive insurance company may only insure or reinsure the risks of its parent and affiliates of its parent;
(4) An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates;
(5) An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder; and
(6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members.
(d) A captive insurance company may reinsure the risks insured or reinsured either directly or indirectly by:
(1) Any other captive insurance company; or (2) Any foreign or alien insurance company which satisfies the ownership or membership requirements of a captive insurance company under this chapter; pro-
vided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates.
33-41-4. No captive insurance company may transact any insurance in this state unless:
(1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state;
(2) It maintains its principal place of business in this state; and (3) Any organization providing the principal administrative or management
services to such captive insurance company shall maintain its principal place of business in this state and shall be approved by the Commissioner.
33-41-5. (a) A pure captive insurance company must be incorporated as a stock insurer with its capital divided into shares.
(b) An association captive insurance company, or an industrial insured captive insur-
ance company, or a risk retention group captive insurance company must be incorporated:
(1) As a stock insurer with its capital divided into shares; or (2) As a mutual insurer without capital stock, the governing body of which is
elected by its members. (c) The applicable statutes of this state relating to the powers and procedures of
domestic corporations formed for profit shall apply to captive insurance companies, except where in conflict with the express provisions of this chapter and the reasonable implications of those provisions.
(d) The incorporation procedures of Code Sections 33-14-4 through 33-14-6, inclu-
sive, and the amendment procedures of Code Section 33-14-8 shall apply to captive insurance companies.
33-41-6. (a) A captive insurance company shall not use any name which is either similar, misleading, or confusing with respect to any other name already in use by any
other captive insurance company, domestic mutual or stock insurance company, corporation, or association organized or doing business in this state. The Secretary of State shall

TUESDAY, MARCH 1, 1988

1867

not issue a charter to an applicant attempting to use such a name nor shall the Commissioner approve an application for a certificate of authority from such applicant.
(b) (1) With the exception of risk retention group captive insurance companies, the name of a captive insurance company shall include the words 'captive insurance company' and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation.
(2) The name of a risk retention group captive insurance company shall include the words 'risk retention group captive insurance company' and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation. (c) If the captive insurance company is a mutual insurer, the word 'mutual' shall also be a part of the name. 33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one-third of the directors of every captive insurance company must be a resident of this state, except that no more than three directors shall be required to be residents of this state. A majority of the directors must be citizens of the United States.
(c) Every captive insurance company must report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director.
33-41-8. (a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however:
(1) No captive insurance company incorporated as a stock insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in capital; or
(2) No captive insurance company incorporated as a mutual insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in surplus. The Commissioner may require additional capital or surplus of any captive insurance company in an amount he deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency. (b) Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following:
(1) Cash; (2) Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation.
(c) One hundred thousand dollars of the minimum capital or surplus must be deposited with the state prior to the issuance of a certificate of authority.
(d) Any additional capital or surplus in excess of $500,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following:
(1) Any eligible investments of minimum capital or surplus authorized under Code Section 33-11-5;
(2) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or
(3) Any other investments approved by the Commissioner that do not impair the financial solvency of the captive insurance company.

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JOURNAL OF THE HOUSE,

33-41-9. (a) Any letter of credit used to meet the requirements set forth in Code Sections 33-41-8, 33-41-12, and 33-41-14:
(1) Must be clean, irrevocable, and unconditional; (2) Must be issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System; (3) Must provide that it is presentable and payable within the State of Georgia; and (4) Must be provided in conformity with any other reasonable requirements established by the Commissioner, (b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commissioner determines that such action is necessary for the protection of the interests of the captive insurance company's policyholders. 33-41-10. (a) The application for an original certificate of authority for a captive insurance company must be filed with the Commissioner and shall contain the following: (1) A certified copy of the captive insurance company's articles of incorporation and bylaws; (2) A business plan which shall contain the following:
(A) A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include:
(i) A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company intends to offer;
(ii) Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company;
(iii) Pro-forma financial statements and projections of the proposed business operations of the captive insurance company;
(iv) An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company;
(v) A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede;
(vi) A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-19;
(vii) A statement identifying the geographic areas in which the captive insurance company intends to operate;
(viii) A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, accounting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and
(ix) Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and
(B) Such other items deemed relevant by the Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its contractual obligations.
(b) In determining whether to approve an application for an original or renewal certificate of authority to a captive insurance company, the Commissioner shall examine the items submitted to him pursuant to subsections (a), (e), and (f) of this Code section. The Commissioner may rely upon and accept the reports of independent agents who may include licensed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this title, certified actuarial consultants, certified public accountants, risk managers, and examiners of insurance companies in order to facilitate his examination

TUESDAY, MARCH 1, 1988

1869

of the application for a certificate of authority by a captive insurance company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company.
(c) Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of registration and a renewal fee for each year thereafter in the amount periodically imposed under this title upon other domestic insurance companies.
(d) Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, he shall notify the captive insurance company of his intention to issue a certificate of authority.
(e) After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the captive insurance company shall provide the Commissioner with:
(1) Evidence satisfactory to the Commissioner that the minimum capital or surplus required for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and
(2) A financial statement showing the assets and liabilities of the captive insurance company which is certified by its president and calculated in accordance with the accounting standards set out in Chapter 10 of this title, except as modified by this chapter. Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter.
(f) Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved.
33-41-11. (a) The certificate of authority of a captive insurance company to transact insurance in this state may be refused, suspended, or not be renewed pursuant to Code Sections 33-3-17 through 33-3-19, inclusive.
(b) A certificate of authority shall expire, be renewed, and be amended by the Commissioner pursuant to Code Section 33-3-16.
33-41-12. For the purposes of determining the financial condition of a captive insurance company, including, but not limited to, the maintenance of adequate reserves pursuant to Code Section 33-41-13, the reporting of business affairs pursuant to Code Section 33-41-15, and the examinations and investigations pursuant to Code Section 33-41-16, there shall be allowed as assets of a captive insurance company:
(1) Those assets described in Code Section 33-10-1;
(2) Those assets otherwise authorized by Code Sections 33-41-8 and 33-41-14; and
(3) Obligations for premium payments, provided such obligations are secured by letters of credit, as described in Code Section 33-41-9.
33-41-13. (a) Every captive insurance company shall maintain reserves in an amount estimated in the aggregate to provide for the payment of all unpaid losses and claims incurred, whether reported or unreported, for which such captive insurance company may be liable, together with the expenses of adjustment or settlement of such losses and claims. Every captive insurance company shall keep a complete and itemized record, in a form satisfactory to the Commissioner, showing all losses and claims on which it has received notice.
(b) If the loss experience of a captive insurance company shows that its loss reserves, however estimated, are inadequate, the Commissioner shall require the captive insurance company to maintain increased amounts of loss reserves as are needed to make its loss reserves adequate.
(c) Every captive insurance company shall maintain an unearned premium reserve on all policies in force which shall never be less in the aggregate than the captive insurance

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company's actual liability to all its insureds for the return of gross unearned premiums computed pursuant to the method commonly referred to as the monthly pro rata method.
33-41-14. (a) A captive insurance company may cede any part of its risks to a reinsurer pursuant to a written reinsurance agreement and may take credit as an asset or a deduction from its liabilities for the amount of reinsurance premiums recoverable under such reinsurance agreement:
(1) If the reinsurer is in compliance with Code Section 33-7-14; (2) To the extent that assets are deposited or withheld from the reinsurer under a written trust or escrow agreement approved by the Commissioner pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder, provided that:
(A) The assets deposited or withheld are held subject to withdrawal by, and under the control of, the ceding captive insurance company; or
(B) The assets deposited or withheld are placed in a trust or escrow account for such purposes in a bank which is either chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System and withdrawals cannot be made without the express written consent of the ceding captive insurance company;
(3) To the extent of the amount of a letter of credit, as described in Code Section 33-41-9, given pursuant to an express provision in the reinsurance agreement as secur-
ity for the payment of the reinsurer's obligations thereunder; or (4) When the Commissioner shall otherwise authorize such credits or deductions.
(b) Any assets deposited or withheld under paragraph (2) of subsection (a) of this Code section must be in the form of cash, as defined in Code Section 33-11-6, or securities which must have a market value equal to or greater than the credit taken and are
qualified as allowed assets for a domestic insurer under Chapter 11 of this title. (c) No credit shall be allowed for reinsurance in any unauthorized assuming reinsurer
unless such reinsurer designates the Commissioner as agent for service of process in any
action arising out of, or in connection with, such reinsurance. 33-41-15. Each captive insurance company shall be required to file annual and other
reports of its business affairs and operations as prescribed by Code Section 33-3-21. 33-41-16. (a) The Commissioner or his designated agent may visit each captive
insurance company at any time and examine its affairs in order to ascertain its financial
condition, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these purposes, the Commissioner or his designated agent shall have free
access to all of the books and records relating to the business of the captive insurance company. The expenses and charges of any examination conducted pursuant to this
Code section shall be paid directly by the captive insurance company examined. (b) When necessary or desirable to assist in any examination under this Code
section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to
facilitate his examination under this Code section. The expenses and charges of such persons so retained or designated shall be paid directly by the captive insurance company.
33-41-17. The Commissioner may impose fines as prescribed by Code Section 33-3-20.
33-41-18. Except as provided in Code Section 33-41-8: (1) An association captive insurance company shall comply with the investment
requirements contained in Chapter 11 of this title; and (2) No pure captive insurance company or industrial insured captive insurance
company shall be subject to any restrictions on eligible investments whatever, including those limitations contained in Chapter 11 of this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or
liquidity of any such captive insurance company. 33-41-19. (a) No captive insurance company shall be required to join or use the
rates, rating systems, underwriting rules, or policy or bond forms of a rating or advisory organization as defined in Code Section 33-9-2.

TUESDAY, MARCH 1, 1988

1871

(b) No captive insurance company shall be required to file its premium rates or policy forms with, or seek approval of such rates or forms from, the Commissioner or any other authority of this state.
(c) Each captive insurance company shall provide the following notice in ten-point type on the front page and declaration page on all policies and on the front page of all applications for policies:
'This captive insurance company is not subject to all of the insurance laws and regulations of the State of Georgia. State insurers insolvency guaranty funds are not available to the policyholders of this captive insurance company.' 33-41-20. (a) (1) No captive insurance company shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state nor shall any captive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company.
(2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title.
(3) No captive insurance company shall be required to participate in any joint underwriting association established and maintained in this state under Chapter 33 of this title. (b) Captive insurance companies shall be assessed on the same basis as self-insurers for the purpose of payments to the Subsequent Injury Trust Fund as described in Chapter 9 of Title 34. 33-41-21. The provisions of Chapter 37 of this title shall apply to and govern the rehabilitation, reorganization, conservation, and liquidation of captive insurance companies. 33-41-22. All captive insurance companies chartered and licensed under this chapter shall be taxed under the provisions of Chapter 8 of this title in the same manner as other domestic insurance companies. 33-41-23. The Commissioner may establish such reasonable rules and regulations and issue such interpretive rulings as may be necessary to carry out the provisions of this chapter. 33-41-24. Any provisions of this title which are inconsistent with the provisions of this chapter shall not apply to captive insurance companies."
Section 3. This Act shall become effective April 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ware of the 77th moves to amend the House committee substitute to SB 635 by striking from lines 20 and 21 of page 6 the following phrase:

"be deemed to".
By adding a period after the word "chapter" on line 27 of page 8 and striking from lines 27 and 28 of page 8 the following:
"and the reasonable implications of those provisions."
By striking from line 2 of page 12 the following:
"reasonable".
By adding on line 5 of page 21 after the word "title" and before the word "in" the following:

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JOURNAL OF THE HOUSE,

"and any other provisions of law". By striking from line 8 of page 21 the following: "reasonable". By striking from line 14 of page 21 the following: "April",
and inserting in lieu thereof the following: "January".

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 104, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Development Commissions.

The following amendment was read and adopted:

The Rules Committee moves to amend SR 264 as follows: By striking the word "ten" on line 24 page 2 and inserting in lieu thereof "five".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 102, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

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

SR 350. By Senator Hine of the 52nd:

TUESDAY, MARCH 1, 1988

1873

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 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 to read as follows:
"(g) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any public hospital, hospital authority, county, or municipality is authorized to contribute to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. Moneys in the fund shall be exclusively appropriated to expand Medicaid eligibility to persons and for services which would otherwise not be eligible for Medicaid coverage to provide for indigent care with programs for rural and disproportionate indigent care providers, and primary care health programs for indigent citizens of this State. Any other appropriation from the Indigent Care Trust Fund shall be void. Contributions to the fund shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Moneys in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly."
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 creation of an Indigent Care Trust Fund and authorize contributions thereto and appro-
( ) NO priations therefrom to expand Medicaid coverage?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and adopted:
Representative Childers of the 15th moves to amend SR 350 as follows: By striking the word "public" on Line 13, Page 1.

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

Y Aaron
Y Adams.G Adams.M
YAiken
YAlford Y Alien
Y Athon Y Atkins Y Bailey

Y Balkcom
Y Bannister Y Bargeron Y Barnett,B
YBarnett,M Beck
Y Benefleld Y Benn Y Birdsong

Y Bishop
Y Bostick Y 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 Y Colbert

Y Coleman
Colwell Y Connell Y Couch
Y Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M

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JOURNAL OF THE HOUSE,

Y Davis.G N Davis.M Y Dixon N Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin
Y Groover Y Hamilton
Manner N 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 Johnson.R
Y Kilgore Y Kingston
Y Lane.D N 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 Milford
Y Mobley Y Moody N Moore N Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Y Phillips Pinkston Y Pittman
Y Porter Y Powell

Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson
Royal Y Selman N Shepard
Sherrod Y Simpson
Sinkfield Sizemore
Y Smith,L Y Smith.P Y Smith.T
Y Smith.W Y Smyre YSnow Y Stancil
Y Stanley

Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond
N Tolbert Y Townsend
Y Triplett 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
Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 136, nays 8.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

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 designated purposes for J. Strom Thurmond Lake.

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

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford Y Alien Y 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 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
Y Dover

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
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 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

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
Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman
Y Porter

TUESDAY, MARCH 1, 1988

1875

Y Powell Prichard
Y Rainey YRamsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson

Y Ricketson Y Robinson
Royal Y Selman Y Shepard
Sherrod Y 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 Thomas.M Thompson

Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware

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

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 109 Do Pass, by Substitute SB 409 Do Pass

SB 537 Do Pass SB 621 Do Pass, by Substitute

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

The following minority report was filed:

The undersigned respectfully file this minority report objecting to the "do pass" recommendation of the House Judiciary Committee on SB 621.
/s/ Pannell, 122 /s/ Oliver, 53rd /s/ Denmark Groover, Jr. /s/ Chambless, 133

The following Resolution of the House, favorably reported by the Committee on State Institutions and Property, was read:

HR 924. By Representatives Colwell of the 4th and Twiggs of the 4th:

A RESOLUTION
Urging the Commissioner of Agriculture to lease certain state owned real property located in Rabun County, Georgia, to the Board of Commissioners of Rabun County; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Rabun County, Georgia, which is known as the Rabun County produce packing and cooling facility; and
WHEREAS, the custody and management of the above-described property and improvements thereon are in the Commissioner of Agriculture and the Department of Agriculture; and

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WHEREAS, the Board of Commissioners of Rabun County is desirous of leasing and operating the above-described state owned real property.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Commissioner of Agriculture is urged to lease the Rabun County produce packing and cooling facility to the Board of Commissioners of Rabun County for a period of 30 years with an annual lease payment of $1.00 per year.
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 Commissioner of Agriculture and the Board of Commissioners of Rabun County.

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
Bailey Balk com Bannister Y Bargeron Barnett,B Y Barnett.M Beck 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 Childets Y Clark.B Y Clark.H
Y Clark,L Colbert

Y Coleman Colwell
Connell Couch YCox Crawford Crosby 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
Godbee Good win Green
Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard
Hensley Y Herbert Y Holcomb

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

Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orrock Padgett Pannell Y Parham Y Parrish
Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman
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
Royal Selman
Y Shepard Sherrod Simpson Sinkfield

On the adoption of the Resolution, the ayes were 118, nays 0. The Resolution was adopted.

Y Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smith,W Y Smyre
Snow
Y Stancil Y Stanley
Steinberg Y 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 Y Wilder Y Williams.B Williams,J Wilson
Wood Y 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 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.

TUESDAY, MARCH 1, 1988

1877

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 245

The Committee of Conference on SB 245 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 245 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Harrill L. Dawkins
Senator, 45th District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lawton E" Stephens Representative, 68th District
/s/ Michael L. Thurmond Representative, 67th District

/s/ C. Donald Johnson, Jr. Senator, 47th District

/s/ Louie M. Clark Representative, 13th District

A BILL
To create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for application of the county policy on minority participation; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for removal of members; to provide for the appointment and compensation of an executive director, treasurer, and other administrative officers and employees of the authority; to provide that no member or officer or employee of the authority shall have any financial dealings with the authority; to provide that any member or officer or employee having financial dealings with the authority shall be subject to removal; to provide for the powers of the authority; to define the types of activity in which the authority is prohibited from engaging, and otherwise to restrict the powers of the authority; to provide for the execution of contracts, leases, and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of the authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and the security for such bonds; to provide for the protection of interests of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to the authority; to provide that conveyances and transfers shall be accomplished so as to protect the interests of bondholders and others affected thereby; to provide that airports acquired by the authority shall be subject to the control of the authority; to provide that the powers of the authority shall be limited to airports; to provide that the funds of the authority shall be used only for airports; to provide for publication of financial data; to provide for fire and emergency medical protection; to provide for maintenance of roads, taxiways, and runways; to provide for transfer of federal funds; to provide for immunity from liability; to provide for immunity from taxation; to provide for rights of personnel; to provide for dissolution; to provide for lease of certain lands; to provide for service of process; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Creation of authority. There is created the Clarke County Airport Authority which is hereinafter referred to in this Act as the "authority." The authority created

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shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity only as hereinafter set out. The authority may exercise the powers set out in this Act at any place within Clarke County and any contiguous land outside the county which is used for airport purposes as provided in this Act.
Section 2. Determination of need for the authority. It is determined and declared that the present and projected rapid growth in commercial and private air traffic in the Clarke County area, the need for adequate airports to serve safely and efficiently the air transportation needs of the state, Clarke County, and the metropolitan areas in Clarke County, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation, and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas of the state necessitates the creation of an airport authority for the present and future operation of Clarke County's airport facilities and aviation business. It is further determined and declared that the establishment of such authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the entire state and to ensure the proper economic development of the entire state.
Section 3. Declaration of purposes. The purposes and objectives of this Act and the authority created hereunder shall be to meet the needs and requirements recognized in Section 2 of this Act through the establishment, maintenance, and operation of unified and coordinated airport systems in the Clarke County area, to ensure the orderly and proper use and growth of public airports; to ensure that the maximum public benefit is obtained from any public airports presently in existence and from any future airports; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this state in national and international programs of air transportation; to promote public transportation and commerce; and all of this to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience.
Section 4. Definitions. As used in this Act, unless the context in which they are used required otherwise, the following terms shall have the following meanings:
(1) The term "airport" means: (A) Any area of land or water or any structure which is or has been used, or
which the authority may plan to use, for the landing and taking off of commercial, private, and military aircraft, including helicopters; and all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land or water area or structure;
(B) Facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft; and
(C) All buildings, equipment, facilities, and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the authority plans to use for the landing and taking off of commercial, private, and military aircraft which are necessary for the safe operation of aircraft, including without limitation, aviation easements and other real or personal property. (2) The term "airport hazard" means any structure, terrain, or object of natural growth, or use thereof, which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport. (3) The term "county" means Clarke County.

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Section 5. Authority; membership, (a) The authority shall be composed of six members who shall be residents and qualified voters of Clarke County. At least one of the six members shall reside within five miles of the airport. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be appointed by the governing authority of Clarke County for a term of four years and until their qualified successors are duly appointed. Two members of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years. All members of the said authority shall serve without compensation. Any members of the said authority otherwise qualified shall be eligible for reappointment unless such member has served for two consecutive four-year terms in which case said member shall not be eligible for reappointment until after a period of one year's absence from authority membership.
(b) The county administrator of Clarke County, Georgia, shall serve as a nonvoting ex-officio member of the authority for the purpose of assisting in the coordination of activities between the authority and the Board of Commissioners of Clarke County.
(c) The policy pertaining to minority business participation applicable to the Board of Commissioners and departments of Clarke County shall also be applicable in like force and effect to the members and employees of the authority.
Section 6. Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of all members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairman and one as vice-chairman, each of whom shall serve in such position until the first meeting in January of the succeeding year and until his successor is elected. Thereafter, a chairman and a vice-chairman shall be elected in the same manner in January of each year to serve for the succeeding year and until their successors are elected. The chairman shall preside at meetings of the authority and the vice-chairman shall preside in his absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to keep the minutes and records of the authority. Four members of the authority shall constitute a quorum for the purpose of transacting business, nevertheless, at least four affirmative votes of the membership shall be required for the approval of any matter or the exercise of any of the powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary.
Section 7. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority.
Section 8. Vacancies in authority. Should an appointed member vacate his office either by resignation, death, change of residence, or removal as provided in Section 9 of this Act or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term.
Section 9. Removal of members. Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflict of interests provisions of this Act, by vote of three of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by three of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance, or nonfeasance in office, or that he violated the conflict of interest provisions of this Act. Any member who fails to attend three consecutive regular meetings of the authority shall automatically by reason of such fact cease to be a member of the authority. However, such

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person shall be eligible for reappointment to the authority upon a showing of good cause for failure to attend such meetings.
Section 10. Executive director, treasurer, and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director, under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. Under the supervision of the authority, the executive director shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority. The executive director shall have such powers as are necessarily incident to the performance of the duties of the office and such others as may be granted by the authority. Additionally, the authority may in a like manner appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. The county administrator of Clarke County, or the designee of the county administrator, shall be authorized to serve as a purchasing agent or officer for the authority for supplies, materials, equipment, or other items of property on such terms as deemed appropriate by the authority and the Board of Commissioners of Clarke County, Georgia.
Section 11. Conflicts of interest. No member of the authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the authority, or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provision by a member of this authority shall be grounds for removal pursuant to Section 9 of this Act. Any violation of this provision by the executive director or any officer or employee of the authority shall be grounds for removal by the authority.
Section 12. Powers of the authority, (a) The authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter same at its pleasure;
(2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein;
(3) To request the county to exercise the power of eminent domain to acquire any private real property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power and to pay for such acquisition with its own funds;
(4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act, for such fees or compensation and under such terms and conditions as it deems appropriate;
(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under its control under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to accomplish any purposes of this Act; and to make any purchases or sales necessary for such purposes;

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(6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under its control under such terms and conditions as it may prescribe including, if desirable, exclusive rights, franchises, or concessions;
(7) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under its control; to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with the county; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations, or orders shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rules and regulations and the penalties for violation thereof in a newspaper of general circulation of all counties in which such rules and regulations are to be applied. The notice shall state that the breach of any such rule or regulation will subject the violator to a penalty,
shall state the penalty, and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where same will be open
to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein shall be judi-
cially recognized by and enforceable in the court having jurisdiction over the offense and located in the county in which the violation occurs;
(8) To provide its own fire and emergency medical protection and crash and rescue
services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services;
(9) To make application directly or indirectly to any federal, state, county, or
municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under its control and
to accept and use same upon such terms and conditions as are prescribed by the fed-
eral, state, county, or municipal government or agency or other source; (10) To enter into agreements with the state, any subdivision thereof, or any county
or municipality or the federal government or any agency thereof to use in the perfor-
mance of its functions the facilities or the services of the state or such subdivision or such county or municipality or the federal government or any agency thereof in order
to accomplish the purposes of this Act; (11) To borrow money to accomplish its purposes and execute evidences of
indebtedness therefor and secure such indebtedness in such manner as the authority may provide by its resolution authorizing such indebtedness to be incurred; provided
that the authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust inden-
ture securing existing indebtedness; (12) To issue negotiable bonds, including revenue and refunding bonds, under such
terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders therefor;
(13) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon owned by the authority which the authority may determine is no longer required to accomplish the
purposes of this Act, including property which is suitable for industrial development. Any such property shall be sold, leased, or otherwise disposed of pursuant to the same
procedures and requirements as provided for by state law for the sale or disposal of county owned property. The proceeds of any such sale may be used by the authority
to accomplish any of the purposes of this Act; (14) To determine what usage may be made of airports and to determine what clas-
ses of aircraft may use particular airports in order to derive the maximum public benefit from all airports;
(15) To exercise each and every power that any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any
county;

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(16) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of its airports for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals, and fees as it deems appropriate;
(17) To enter into such agreement with any municipality or the county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or the county to the authority as the authority deems necessary and appropriate, or to contract with such governmental agency for the continued services of such officers and employees on such terms as are deemed to be appropriate;
(18) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan which is available to such employees under the laws of the state or any county or municipality; and
(19) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of the state or any county or municipality, (b) Notwithstanding any other provision of this Act to the contrary, the authority shall not:
(1) Own or maintain aircraft or perform maintenance on aircraft owned by others; (2) Engage in flight instruction, flight charter, or other aircraft for hire business; or (3) Perform maintenance on radios, propellers, or other aircraft accessories.
Section 13. Execution of contracts, leases, and other legal instruments. Any and all contracts, leases, obligations, agreements, and other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution or, in the absence of such designation, by the chairman or vice-chairman. Nothing in this provision shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the authority may prescribe.
Section 14. Revenue bonds. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A. The authority is determined to be a "governmental body" within the meaning of that law and is authorized to utilize any and all procedures set out herein, and to exercise any and all powers of a "governmental body" thereunder. The members of the authority shall constitute the "governing body" as that term is used therein. Nothing in this section shall be construed so as to limit the power of the authority to issue any bonds other than under the "Revenue Bond Law" which it may legally issue pursuant to Section 12 of this Act.
Section 15. Validation of revenue bonds; location of authority. For purposes of validation of bonds under the "Revenue Bond Law," Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the authority shall be considered to be located in Clarke County.
Section 16. Replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds issued by it which shall be mutilated or destroyed.
Section 17. Bonds; trust indenture as security, (a) In the discretion of the authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus real or personal property of the authority. The resolution providing for the issuance of such bonds or the trust indenture may contain such provisions for protecting and enforcing the rights

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and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of airports; the maintenance, operation, repair, and insurance of property; and the custody, safeguarding, and application of all moneys of the authority. Such resolution or trust indenture may also:
(1) Provide that any project shall be construed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders;
(2) Require that the security given by any contracts and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such trustee or bondholders; or
(3) Contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (b) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such security as may be required by the authority. Such resolution or trust indenture may set forth rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in connection with any such trust indenture may be treated as operating expenses of the authority.
Section 18. Revenue bonds; additional powers as to security. In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bonds, the authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders; and for such purposes the authority may also enter into joint agreements, arrangements, or trust indentures with such users and a trustee or trustees under any trust indenture authorized under Section 17 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority.
Section 19. Revenue bonds; 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 adversely affect 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 adversely affect the interests and rights of the holders of such bonds.
Section 20. Revenue bonds; exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the state.
Section 21. Bonds as legal investments for trustees and as lawful deposits of securities with public officers. Any bonds issued by the authority under the provisions of this Act are made securities in which public officers and bodies of this state, all municipalities, all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, savings associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.

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Section 22. Property of authority deemed to be public property. It is declared that all property of the authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property.
Section 23. Transfer of airports and related facilities from municipalities and counties to authority; public necessity. The authority may by resolution, at such times as it shall deem appropriate, determine what public airports within its territorial jurisdiction, as set out in Section 1 of this Act, are necessary to accomplish the purposes of this Act, and may inform the local government owning such airports of such determinations and the proper officials or officers of the local government may convey by deed all of their interest in real property and any other property making up such airports to the authority for a nominal consideration. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience.
Section 24. Transfer of contracts to authority. Upon conveyance of airports to the authority pursuant to Section 23 of this Act, all contracts, commitments, leases and other obligations of the local government formerly owning the airport in respect to such airport shall be transferred to the authority; and the authority shall stand in the place of the local government for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of Section 25 of this Act.
Section 25. Conveyances and transfers pursuant to Sections 23 and 24 to be accomplished so as to protect interests of bondholders and others affected thereby. The conveyance of airports and related facilities by local governments to the authority pursuant to Section 23 of this Act, and the transfer of contracts, commitments, leases, and any other obligations to the authority from any local government pursuant to Section 24 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interests of bondholders of any local government affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests; and the authority and any local government may enter into any agreements with each other or other parties necessary to protect such interests.
Section 26. Airports subject to control of authority. All airports acquired by the authority pursuant to this Act or acquired by the authority in any legal manner and any other property held by the authority shall be under the control of the authority and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto.
Section 27. Powers of authority limited to airports. All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities. However, nothing in this Act shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under its control or purchasing, selling, exchanging, or otherwise acquiring any property from or with same.
Section 28. Funds of authority to be used only for airports. The funds of the authority, from whatever source derived, shall be used only in support of airports as defined in Section 4 of this Act, but nothing in this section shall prohibit the authority from making any and all expenditures of any kind or nature necessary to support airports.
Section 29. Fiscal year, budget, and financial reporting. The authority shall operate on the same fiscal year as is used by the governing authority of Clarke County, Georgia, and at the end of each fiscal year the authority shall furnish to the governing authority of Clarke County, Georgia, an audit of its operations for the preceding year, or in the alternative, the authority may contract with the governing authority of Clarke County to

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have the required audit report of its operations prepared by the accounting firm employed by the county for the preparation of the county's annual audit. The annual audit of the authority shall constitute public information.
Section 30. Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligent acts as the governing authority of Clarke County; and the members, officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligent acts as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the state. The authority may be sued in the same manner as private corporations on any contractual obligations of the authority.
Section 31. Taxation of the authority. The property, obligations, and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations, and interest on the obligations of Clarke County. The exemption from taxation herein provided shall not extend to tenants or lessees of the authority.
Section 32. Dissolution. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of the county, subject, however, to all rights and encumbrances thereon; and the county, by acceptance thereof, shall fulfill all obligations of the authority.
Section 33. Principal office of authority; service of process. The principal office of the authority shall be in Clarke County. Service of process on the authority may be had upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state.
Section 34. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 35. General repealer. All laws and parts of laws in conflict with this Act are repealed.

Representative Thurmond of the 67th moved that the House adopt the report of the Committee of Conference on SB 245.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.

The following Committee substitute was read:

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A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as 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; to provide certain duties for a candidate who does not have a campaign committee; to change the provisions relating to contributions or expenditures other than through a candidate or campaign committee; to change the provisions relating to campaign contribution disclosure reports; to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to change the provisions relating to the filing of financial disclosure statements by candidates for public office; to provide that a person who qualifies as a candidate for a county office shall file a financial disclosure statement with the election superintendent of the county; to provide that a person who qualifies as a candidate for a municipal office shall file a financial disclosure statement with the municipal clerk or, if there is no clerk, with the chief executive officer of such municipality; to provide for the nonapplicability of certain financial disclosure statements to public officers who do not seek election to the same or any other public office; to provide that a filing officer shall notify the commission of the names and addresses of candidates or public officers who have failed to file financial disclosure statements required by law; to to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," is amended by striking in its entirety Code Section 21-5-30, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows:
"21-5-30. (a) Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee^ whiefe may conaist of only the candidate pursuant te paragraph {3} of Code Section 21 6-3, for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For

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purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source.
(e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candidate or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting, except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting; and except that copies ef cam
aupcrintcndcnts as required of candidates for state office pursuant te paragraph {1} efaubacction {a} ef- ede Section 31-&-34."
Section 3. Said chapter is further amended by striking in its entirety Code Section 21-5-32, relating to duties of the campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows:
"21-5-32. (a) The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits.
(b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office conducted b^ the candidate or of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote."
Section 4. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for ay state office membership in the General Assembly or the chairperson

1888

JOURNAL OF THE HOUSE,

or treasurer of such candidate's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Candidates or campaign Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported."
Section 6. Said chapter is further amended by striking in its entirety Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 21-5-50 to read as follows:
"21-5-50. (a) (1) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than April W; 1988, and July 1 of each year thereafter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than April -Hh 1088, and July 1^ of each year thereafter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.
(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than April fr, 1088, and July 1 of each year thereafter in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public office^ as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with

TUESDAY, MARCH 1, 1988

1889

the Secretary ef State municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than the tenth day after July 1 in the year in which such person qualifies, a financial disclosure statement for the i2 month period ending the month prior to such qualification preceding calendar year.
(4) The Secretary of State filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests held on December 31 of the covered calendar year, including any intangible property, in any business entity, including the name, address, principal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or (B) Such ownership interest has a fair market value of more than $20,000.00; (4) All direct ownership interests held as of December 31 of the covered year which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this aubparagfaph paragraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments."
Section 7. Said chapter is further amended by striking in its entirety Code Section 21-5-53, relating to financial disclosure statements as public records, and inserting in lieu thereof a new Code Section 21-5-53 to read as follows:
"21-5-53. Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1890

JOURNAL OF THE HOUSE,

Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Cheeks of the 89th moves to amend the committee substitute to SB 564 by adding after the first semicolon on line 2 of page 2 the following:
"to change certain criminal penalties;".
By renumbering Sections 8 and 9 as Sections 9 and 10 and inserting a new Section 8 to read as follows:
"Section 8. Said chapter is further amended by striking Code Section 21-5-9, relating to criminal penalties, and inserting in its place a new Code section to read as follows:
'21-5-9. (a) Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor e the first offense and upon the second er subsequent offcnac shall be guilty ef a felony and shall fee punished fey imprisonment for et less than ne ef e*e than five years ef fey a fine net te exceed $6,000.00, er both.
{fe) Notwithstanding any provision ef subsection {a) ef this Code section te th contFflpy> 8.ny person wno Knowinly tftisiiics ftny report FCCfuireci under inis crispier slift11 iofj guilty of ft lelony ftrid 9Fidii DC pun19ficct oy iHIprisonmonr IOT not less tnun ene nef store than five years ef fey a fine net te exceed $6,000.00, er both.'"

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 Y Alford Y Alien Y Athon N Atkins N Bailey N Balkcom Y Bannister Y Bargeron N Barnett,B Y Barnett.M YBeck Y Benefield
Benn
N Birdsong N Bishop Y Bostick Y Branch Y Brooks Y Brown NBuck N Buford
YByrd N Carrell N Carter
Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Colbert

N Coleman Y Colwell N 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 N Felton Y Floyd Y Foster N Galer Y Godbee Y Goodwin
Green N Greene N Greer N Gresham Y Griffin N Groover Y Hamilton N Hanner
Y Harris Y Hasty Y Heard N Hensley N Herbert
Y Holcomb

Y Holmes Hooks
Y Hudson N Isakson N 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 N Lawson NLee
Y Linder YLong YLord Y Lucaa
Y Lupton Y Mangum N Martin N McCoy N McDonald Y McKelvey Y McKinney N Meaduws
Milam Y Milford N Mobley Y Moody Y Moore Y Morton

N Mostiler
Y Moultrie N Mueller Y Oliver.C
N Oliver.M N Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters
Pettit N Phillips N Pinkston Y Pittman
N Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T N Ramsey.V YRandall N Ransom YRay Y Reaves
Y Redding N 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 106, nays 61.

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

TUESDAY, MARCH 1, 1988

1891

The amendment was adopted.

The following amendment was read and adopted:

Representative Foster of the 6th, et al, move to amend the committee substitute to SB 564 by deleting from line 2 of page 2 the word "to" which precedes the words "to provide".
By adding between lines 25 and 26 on page 9 the following:
"(6) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for election as a public officer until after the first day of July, such person shall file with the appropriate filing officer no later than the fifteenth day following the date of qualifying as a candidate a financial disclosure statement for the preceding calendar year."

An amendment, offered by Representative McKinney of the 35th, was read and withdrawn.

The following amendment was read and adopted:

Representatives Walker of the 115th, Connell of the 87th and Groover of the 99th move to amend the Committee substitute to SB 564 by striking lines 7 through 20 on page 10 and inserting in lieu thereof the following:
(3) the name, address and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of Dec. 31 of the covered year in which such candidate or officer has a direct ownership interest which interest:
(a) is more than 10 percent of the total interests in such business; or
(b) has a net fair market value of more than $20,000;
To amend the Committee substitute to SB 564 by striking lines 21 through 30 and inserting in lieu thereof:
(4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000. "Net fair market" value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located.
To amend the Committee substitute to SB 564 by adding on page 11, line 6 a new subparagraph 6 to read as follows:
(6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this section with respect to what is required to be disclosed.

The following amendment was read:

Representative Griffin of the 6th moves to amend the House Committee on Rules substitute to SB 564 by striking line 11 of page 1 through line 2 of page 2 and inserting in lieu thereof the following:
"campaign contribution disclosure reports; to repeal the provisions relating to financial disclosure statements; to provide for related matters; to provide an".

1892

JOURNAL OF THE HOUSE,

By striking Sections 6 and 7 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Said chapter is further amended by striking Article 3, relating to financial disclosure statements, in its entirety."
By redesignating Sections 8 and 9 as Sections 7 and 8, respectively.

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 Y Bargeron N Barnett,B N Barnett.M YBeck N Benefield
Benn N Birdsong N Bishop Y Bostick Y Branch Y Brooks Y Brown NBuck N Buford YByrd
N Carrell Y Carter N Chambless N Chance Y Cheeks N Childers
Clark.B
N Clark.H Y Clark.L N Colbert

N Coleman
Y Colwell N Connell N Couch YCox Y Crawford
Y Crosby N Cummings.B N Cummings,M Y Davis.G
N Davis.M Y Dixon Y Dobbs
N Dover N Dunn N Edwards N Felton Y Floyd Y Foster N Galer Y Godbee N Goodwin
Green N Greene N Greer N Gresham Y 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 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 Under YLong YLord Y Lucas N Lupton N Mangum N Martin N McCoy N McDonald N McKelvey Y McKinney N Meadows N Milam Y Milford
N Mobley Y 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 Y 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 N Randall N Ransom YRay Y Reaves Y Redding N Richardson Y Ricketson N Robinson N Royal N Selman N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 50, nays 121.

The amendment was lost.

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

The following amendment was read:

Representative Wilson of the 20th moves to amend the House Committee on Rules Substitute to SB 564 by striking the quotation mark where it appears in line 4 on page 4 and by adding between lines 4 and 5 on page 4 the following:
"(g) No person or business entity or political action committee shall contribute anything of value to a member of the governing authority of any county or municipality for a period of one year before and one year after such person or business entity shall have any matter pending before such governing authority. For the purposes of this subsection, 'matter pending' shall include, but shall not be limited to, any zoning proposal or amendment to the zoning ordinance, sales to the governing authority, or employment by the governing authority.'"

The following amendment was read and adopted:

TUESDAY, MARCH 1, 1988

1893

Representative Childers of the 15th moves to amend the Wilson amendment to the Committee substitute to SB 564 as follows:
"Any candidate who pretends to raise money to support other candidates shall not use any monies raised under such pretense for promoting himself or his own campaign."

The following amendment was read:

Representative Linder of the 44th moves to amend the Wilson amendment to the Committee substitute to SB 564 as follows:
"By adding after the word 'municipality' on line 10, the words:
'or any member of or candidate for the Georgia General Assembly'."

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 N Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck N Benefield N 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
Clark.B
Y Clark.H N Clark.L N Colbert

N Coleman N Colwell N Connell
N Couch NCox
N 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 N Floyd N Foster N Galer N Godbee Y Goodwin
Green
N Greene N Greer
N Gresham N Griffin N Groover N Hamilton N Manner N Harris N Hasty N Heard Y 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 LaneJD N Lane,R N Langford N Lawler Y Lawrence N Lawson NLee Y Linder N Long NLord N Lucas
Lupton N Mangum N Martin N McCoy N McDonald N McKelvey
McKinney N Meadows N Milam N Milford N Mobley N Moody N Moore Y 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 N Pinkston N Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T N Ramsey.V N Randall N Ransom NRay N Reaves N Redding N Richardson N Ricketson N Robinson N Royal N Selman N Shepard N Sherrod N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 19, nays 152. The amendment was lost.

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

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

Y Aaron
Y Adams.G N Adams.M Y Aiken N Alford

Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom

Y Bannister N Bargeron Y Barnett.B Y Barnett.M YBeck

Y Benefield N Benn
N Birdsong Y Bishop N Bostick

Y Branch Y Brooks Y Brown YBuck Y Buford

1894

JOURNAL OF THE HOUSE,

NByrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell N Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B N Cummings.M
N 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
Green N Greene N Greer Y Gresham Y Griffin N Groover Y Hamilton N Hanner Y Harris
Y Hasty Y Heard
Y Hensley N 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 Y Langford Y Lawler

Y Lawrence N Lawson
YLee Y Linder
NLong NLord N Lucas Y Lupton Y Mangum Y Martin Y McCoy N McDonald Y McKelvey
Y McKinney N Meadows N Milam Y Milford
N Mobley N Moody Y Moore Y Morton N Mostiler N Moultrie N Mueller N Oliver.C
N Oliver.M Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish

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

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

On the adoption of the Wilson amendment, as amended, the ayes were 120, nays 51.

The amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

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

Y Aaron Y 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 Y Beck Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Brooks N 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 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
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 Jonnson.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 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

TUESDAY, MARCH 1, 1988

1895

YSmith.L YSmith.P Y Smith.T Y Smith,W YSmyre YSnow YStancil

Y Stanley YSteinberg 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,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, SB 564 was ordered immediately transmitted to the Senate.

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

HB 1035.

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

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1035 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Foster of the 6th and Griffin of the 6th.

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

SB 547. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subsequent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees.

The report of the Committee, which was favorable to the 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

1896

JOURNAL OF THE HOUSE,

Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown YBuck 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 Y Dunn
Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee
Good win 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 Jackaon,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 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 Moore Y Morton Y Mostiler Moultrie Y Mueller Y Oliver.C Oliver.M
Y Orrock

Y Padgett 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 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.P

Y 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
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 passage of the Bill, the ayes were 150, nays 0.

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

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 provisions 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.

The following amendment was read and adopted:

Representative Martin of the 26th moves to amend SB 599 as follows: By adding after the word "leased" on Lines 4 and 18 of Page 1, the following: "or rented".

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
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

Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch

TUESDAY, MARCH 1, 1988

1897

YCox Y Crawford 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 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 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 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
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
Pannell YParham 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 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 Y Smith.P Y Smith,T
Y Smith.W YSmyre YSnow Y Stancil

Y Stanley Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Townsend
Y Triplett 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
Y Workman
Y Yeargin Murphy.Spkr

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

SB 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 Annotated, 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.

The report of the Committee, which was favorable to the 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
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
Birdsong
Y Bishop Y Bostick Y Branch
Brooks Brown YBuck

Buford Byrd 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 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
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 Linder YLong YLord
Lucas Lupton Y Mangum

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 Y Oliver.M
Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters

1898

JOURNAL OF THE HOUSE,

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

Y 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 Y Smith,?
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
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 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.

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.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to 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; to provide that potential purchasers be sent the terms and conditions of the purchase in writing; to provide that an agreement to purchase printed materials resulting from a telephone solicitation shall not be valid or enforceable unless the purchaser has reviewed the written terms and conditions of such agreement and has signed and returned a written agreement to such terms and conditions; to prohibit collection attempts absent evidence of such written agreement; to provide for intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by striking the word "or" at the end of paragraph (19) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, by striking the period at the end of paragraph (20) of subsection (b) of said Code section and inserting in lieu thereof the symbol and word "; or", and by adding a new paragraph (21) at the end of subsection (b) to read as follows:
"(21) Failure to comply with the following provisions concerning telephone solicitation of orders for printed materials:
(A) For purposes of this paragraph, the term: (i) 'Printed materials' means magazines, periodicals, or other printed matter, not
including books, primarily for personal, family, or household purposes, which are to be delivered at a later date on a subscription basis.
(ii) 'Telephone solicitation' means any contact made by telephone for the purpose of inducing an agreement to purchase, and shall include any contact made by telephone with residents of Georgia or any contact made by telephone with residents of other states by persons with their major place of business in Georgia.

TUESDAY, MARCH 1, 1988

1899

(B) The term 'telephone solicitation of orders for printed materials' shall not include:
(i) Solicitation of orders for printed material which do not involve use of the telephone;
(ii) Solicitation made for subscriptions to newspapers published in the State of Georgia;
(iii) Solicitation of orders for printed materials where the order is directly solicited by a magazine publisher or its subsidiary; or
(iv) Solicitation of orders for printed materials where the magazine publisher or its subsidiary has directly contracted with a third party who will directly solicit only an order for a single magazine or an order for a single renewal from each party solicited. (C) Following any telephone solicitations for printed materials in which there is an agreement to purchase printed materials, the person soliciting the agreement shall mail to the person agreeing to purchase the printed materials a form containing all of the following:
(i) A description of the printed materials, including the title; (ii) A statement that the purchaser will begin receiving the printed materials within six to eight weeks, or as otherwise disclosed, after returning a signed copy of this form to the seller; (iii) A statement of how often the purchaser will receive individual units of the printed materials; (iv) The number of individual units of the printed materials which will be received by the purchaser; (v) The total cost to the purchaser, including any finance charges, service charges, shipping and processing charges, or any other charges by whatever name denominated; and (vi) A statement to be signed by the purchaser that the purchaser agrees to the terms and conditions set forth on this form. (D) No agreement made pursuant to a telephone solicitation to purchase printed materials shall be considered valid until the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser; (E) No attempts shall be made, including any action in any court, in any manner to collect any amounts claimed due under any agreement to purchase printed materials until the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser; (F) No reports shall be made to any consumer reporting agency regarding failure to pay pursuant to any agreement resulting from a telephone solicitation of orders for printed materials unless the person soliciting the agreement shall have on file the form described in subparagraph (C) of this paragraph, signed by the purchaser; and (G) It is the intent of the General Assembly that purchasers of printed materials who are solicited by telephone shall have the opportunity to review the written terms and conditions of the agreement prior to consummating any such agreement, and this paragraph shall be construed liberally to promote its intent and purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Snow of the 1st and Dunn of the 73rd move to amend the House Committee on Industry substitute to SB 575 by inserting on line 15 of page 1 immediately after the word and symbol "intent;" the following:
"to provide for applicability;".
By striking the word "and" immediately following the semicolon on line 14 of page 4.

1900

JOURNAL OF THE HOUSE,

By striking the period and quotes at the end of line 21 of page 4 and inserting in lieu thereof the following:
";and".
By inserting between lines 21 and 22 of page 4 the following:
"(H) The provisions of this paragraph will not apply where the person solicited will be directly billed in 24 or more equal monthly installments or will be billed on a credit card in 30 or more monthly installments."

The Committee substitute, as amended, was adopted.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcpm 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
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 YDobbs
Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y 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 Y Hudson
Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas
Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley
Moody N 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 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 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 Y Steinberg
Y Stephens 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 YWall
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, by substitute, as amended, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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; and for other purposes.

TUESDAY, MARCH 1, 1988

1901

WHEREAS, the Chattahoochee Valley of Georgia has an outstanding Creek Indian heritage; and
WHEREAS, this heritage is neither well known nor understood by children and adults in this area; and
WHEREAS, the two most important Creek Indian Nation villages, Coweta and Cusseta, were located in the Chattahoochee Valley; and
WHEREAS, efforts should be undertaken to study and properly recognize the many important contributions which the Creek Indians have made and the historical significance of the Creek Indian culture in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Chattahoochee Valley Indian Heritage 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 Creek Indian heritage in the Chattahoochee Valley and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall 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 December 31, 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 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
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Y Brown Y Buck
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
Y Colwell Y Connell Y Couch
Cox 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
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 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 Under
Y Long 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 Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orrock Y Padgett
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 Y Randall Y Ransom
Y Ray Y Reaves Y Redding Y Richardson
Ricketson
Y Robinson Y Royal Y Selman
Shepard Y Sherrod
Y Simpson Sinkfield
Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre

1902

JOURNAL OF THE HOUSE,

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

Y Thomas.M
Y Thompson Y Thunnond 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

Williams,J
Y Wilson Y Wood Y Workman Y Yeaigin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

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 Annotated, 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 Senate substitute was read:

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 dealing 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 provide 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' organization, or certain other service organizations or facilities under certain circumstances; to provide for the administration of such laws; to provide for delegation of functions, di ties, and powers; to provide for conciliation; to provide for cooperation and assistance; to provide for studies and reports; to provide for educational and conciliatory activities; to provide 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 provide 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 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 discrimination 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 prohibit discrimination because of race, color, sex, handicap, religion, or national origin by any person in a transaction involving a housing accommodation.

TUESDAY, MARCH 1, 1988

1903

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, possession, 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, 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, handicap, religion, or national origin in connection with the conditions or privileges of the sale, purchase, 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, handicap, 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, published, 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, purchase, 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 furnishing 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 presence 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:

1904

JOURNAL OF THE HOUSE,

(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 activities 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 practices 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; (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, handicap, religion, or national origin.
8-3-203. A real estate broker, real estate salesperson, financial institution, or insurance 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 prohibited 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

TUESDAY, MARCH 1, 1988

1905

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 dwellings 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 religion 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 temporary injunction, temporary restraining order, or other order and may award to the plaintiff 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, 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, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (6) 'Person aggrieved' means any person who claims to have been injured by a discriminatory 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 consideration 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:

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(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, handicap, 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, handicap, 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, religion, sex, handicap, 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, handicap, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; or
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, 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: (i) Such private individual owner does not own more than three such single-
family 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 residence.
(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 dwelling 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

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1907

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, constructing, 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 participation 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 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 meetings shall be held in the cities or other localities where the discriminatory housing practices 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 private 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 affirmatively 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 interested 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 housing discrimination exists in this state, and whether and how enforcement programs

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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 housing practice or who believes that he will be irrevocably injured by a discriminatory housing 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 complaint 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 administrator 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.
(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 administrator 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. Any person instituting a civil action under this Code section shall be
required to file with the complaint an affidavit which shall set forth specifically the act
or violation complained of and the factual basis for each such claim.
(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.

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1909

(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 administrator 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 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 and, upon conviction
thereof, shall be punished by a fine of not more than $500.00. (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, provided 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. Any person instituting a civil action under this chapter shall be required
to file with the complaint an affidavit which shall set forth specifically the act or violation complained of and the factual basis for each such claim.
(b) The court may grant as relief, as it deems appropriate, any permanent or temporary 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. Should the plaintiff not prevail and a defendant's verdict is rendered, the plaintiff shall, as provided in Code Section 9-15-14, be assessed costs and attorney's fees of the defendant.
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

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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, including 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. 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.
Nothing within this article shall be construed to require the modification of an existing dwelling for the purpose of further accommodating handicapped persons.
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.
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.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Benn of the 38th moved that the House disagree to the Senate substitute to HB 430
The motion prevailed.

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to change the provisions relating to offenses which are bailable only before a judge of the superior court; to provide that certain offenses are bailable by a court of inquiry; to provide that certain persons shall not be refused bail; to provide for conditions for the release of persons on bail; to provide for schedules; to provide for appeal bonds; to provide for designation of judges to perform certain duties; to provide for notices and hearings; to provide for a definition; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 1, 1988

1911

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, which reads as follows:
"17-6-1. (a) The offenses of rape, aggravated sodomy, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(b) (1) The following persons shall not be entitled to or released on bail: (A) Any person charged with committing a felony listed in paragraph (2) of this
subsection who has previously been convicted of the commission of a felony listed in paragraph (2) of this subsection;
(B) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on probation or parole with respect to a felony listed in paragraph (2) of this subsection; or
(C) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2) of this subsection. (2) The felonies to which paragraph (1) of this subsection applies are:
(A) Murder; (B) Rape or aggravated sodomy; (C) Armed robbery; (D) Kidnapping; (E) Arson; (F) Burglary; (G) Aircraft hijacking; (H) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or (I) Aggravated assault. (c) Except for persons charged with crimes provided for under subparagraph (b)(2)(H) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section on bail or his own recognizance if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, or to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. If the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed. (d) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, kidnapping, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall

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be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section.", and inserting in lieu thereof a new Code Section 17-6-1 to read as follows: "17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and (10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection. (b) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within ten days after the receipt of such notice. (d) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (e) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used. (f) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an

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appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(g) As used in this Code section, the term 'bail' shall include the releasing of a person on his own recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Isakson of the 21st moved that the House disagree to the Senate substitute to HB 776.
The motion prevailed.

HB 1160.

By Representative Kilgore of the 42nd:
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 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 Senate 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 distribution of insurance premiums taxes; to delete certain provisions requiring the Commissioner to provide certain estimated revenue statements to certain cities and counties; to change provisions relating to effect on certain county tax caps; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 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 preceding 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

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(2) Municipal corporations whose ordinances have been filed with the Commissioner 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 insurance 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) 6n ef before Juno W; 1084, and s the same date in each subsequent year, the Commissioner shaH provide to each county and municipal corporation whieh is impos-

en the reports filed pursuant te paragraph (i) ef this subsection. Reserved. (3) On or before October W; 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 ordinances 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. 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. (d) Taxes imposed by subsection (b) of this Code section shall be allocated and distributed 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 denominator 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 population 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 pertinent 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 preceding calendar year. (g) On or before December i&7 1084, October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and

TUESDAY, MARCH 1, 1988

1915

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.
(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 pertaining 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 preceding 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 similar 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 showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement.
(B) OR or before June 1&; 1084, and en the same date in each subsequent year, tnc v^ommissioncr snail provide to cacn county and municipal corporation wnicn is
amount or money trie aiicctcd county of municipal corporation ts receive Dascd on tnc reports tiled pursuant to suuparagrapn \o)\o)\t\) of tnis LJOO.C section. Reserved.
(C) On or before October W; 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;

1916

JOURNAL OF THE HOUSE,

(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; 1Q84, 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 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 pertaining 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 January 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 the county governing authorities solely for the purpose of either:
(1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties:
(A) Police protection, except such protection provided by the county sheriff; (B) Fire protection, except such protection provided by a volunteer fire department certified pursuant to Article 2 of Chapter 3 of Title 25; (C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; or (2) Reducing reducing ad valorem taxes of the inhabitants of the unincorporated areas of auch those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this Code section to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset aH any of the proceeds derived from any tax provided for in this chapter which can not be expended pursuant to paragraph (1) of this Code section. Per those counties operating nder a

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Groover of the 99th and Jackson of the 9th move to amend the Senate substitute to HB 1160 as follows:

TUESDAY, MARCH 1, 1988

1917

By adding after "section" on Line 13, Page 10
"In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Section 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of this Code Section or used to reduce ad valorem taxes as provided in paragraph (2) of this Code Section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1). Such provisions shall be spread on the minutes of meeting at which such budget is adopted, and included in any required advertising of such budget.".

Representative Kilgore of the 42nd moved that the House agree to the Senate substitute to HB 1160, 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
Balkcom
Y Bannister Bargeron
Y Barnett.B Y Barnett,M YBeck
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Buford 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 Colwell
Y Connell Y Couch
Cox Y Crawford
Crosby
Y Cummings,B Cummings.M 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 Greene
Y Greer Y Gresham N Griffin Y Groover N Hamilton Y Manner Y Harris Y Hasty Y Heard N Hensley Y Herbert Y Holcomb

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

On the motion, the ayes were 129, nays 9. The motion prevailed.

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

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

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The following Senate substitute was read:

1918

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain fees relating to investigations and impaneling of juries by coroners; 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; to provide for conditions for that local law; to provide for qualifications of medical examiners and the waiver thereof; to provide for appointments, service, compensation, expenses, functions, powers, rights, and duties of medical examiners and the office thereof; to provide for 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. Chapter 16 of title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-27, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, and inserting in its place a new subsection (b) to read as follows:
"(b) Coroners Effective January 1^ 1989, coroners shall be entitled to an investigation fee of $76.00 $100.00 where no jury is impaneled and a fee of $60.00 $100.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county."
Section 2. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
45-16-80. (a) In any county of this state the General Assembly by local law is authorized to abolish the office of coroner and establish in lieu thereof the office of medical examiner, which medical examiner shall have the qualifications, powers, and duties provided in this Code section, and who shall be appointed and compensated and have the expenses of office paid as provided in this Code section. The local law abolishing the office of coroner shall specify the effective date of such abolition, which date shall be the date the office of medical examiner is established for the county to which that local law is applicable.
(b) A local law abolishing the office of coroner pursuant to this Code section shall comply with the provisions of Code Section 1-3-11, requiring referenda approval on abolishing certain offices.
(c) To be eligible for the office of medical examiner, as established pursuant to this Code section, a person shall:
(1) Have a doctor of medicine degree and be licensed to practice medicine under the provisions of Chapter 34 of Title 43;
(2) Be eligible for certification by the American Board of Pathology; and (3) Have at least one year of medico-legal training or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state, or federal level. (d) The requirements for medical examiners established pursuant to paragraphs (2) and (3) of subsection (c) of this Code section may be waived by the governing authority of any county in which the office of medical examiner is established pursuant to this Code section but may not be waived for any person for a longer period than one year. (e) The medical examiner for any county in which the office of medical examiner is established pursuant to this Code section shall be appointed by the governing authority of that county, shall serve at the pleasure of that governing authority, shall be compensated in an amount determined by that governing authority, and all expenses of the

TUESDAY, MARCH 1, 1988

1919

office of such medical examiner shall, subject to county budgetary limitations, be paid from the general funds of that county.
(f) All of the functions, powers, rights, and duties of and heretofore exercised by the coroner of a county for which is established the office of medical examiner pursuant to this Code section with reference to post-mortem examinations and autopsies shall be performed and exercised by the medical examiner of that county, except that medical examiner shall have no authority to summon and impanel a jury to hold inquests.
(g) A medical examiner whose office is established for a county pursuant to this Code section shall be authorized to perform all of the functions prescribed for a coroner under the provisions of Article 2 of Chapter 16 of Title 45, the 'Georgia Post-Mortem Examination Act,' except that medical examiner shall have no authority to summon and impanel a jury to hold inquests.
(h) The provisions of Article 2 of Chapter 16 of Title 45, the 'Georgia Post-Mortem Examination Act,' including but not limited to the penalty provisions, shall apply in all cases regarding a medical examiner whose office is established pursuant to this Code section, except the provisions relating to the holding of inquests shall not apply.
(i) A medical examiner whose office is established for a county pursuant to this Code section shall not be required to meet any county residency requirements established by Code Section 45-2-1.
(j) Nothing in this Code section shall be construed to affect any medical examiner whose office was established or authorized by any amendment to the Constitution continued pursuant to Article XI, Section I, Paragraph IV of the Constitution."
Section 3. This Act shall become effective on April 30, 1988.
Section 4. 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 substitute to HB 1350.
The motion prevailed.

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 Annotated, relating to programs and protection for children and youth, so as to create the Commission of Children and Youth.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission on Children and Youth; to provide for legislative intent; to provide that membership on the commission shall not constitute public office; to provide for the organization of the commission; to provide for compensation and reimbursement of expenses of members of the commission; to provide for an executive director of the commission and his powers and duties; to provide for the functions and authority of the commission; to provide for limitations on authority of the commission; to provide for a budget, appropriations to the commission, and authority for the commission to accept and use gifts and grants; 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. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 7 to read as follows:

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JOURNAL OF THE HOUSE,

"ARTICLE 7
49-5-160. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between the providers of children and youth services, including pediatrics, health, mental health, business, and industry and all components of the social services, education, employment, and juvenile justice systems at all levels of state government.
49-5-161. (a) There is established the Commission on Children and Youth which shall be composed of the following members:
(1) Twenty-eight voting members selected by the Governor to serve at the pleasure of the Governor. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training or experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and
(2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a representative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the Board of Regents, the State School Superintendent, the executive director of the State Board of Postsecondary Vocational Education, the commissioner of the Department of Medical Assistance, the commissioner of the Department of Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on July 1, 1988. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the commission. (d) Members of the commission shall serve without compensation, except that each member may be reimbursed for expenses incurred as a result of his duties as a commission member in accordance with state transportation regulations. (e) The Governor shall name the chairman of the commission. The commission shall elect such other officers and make such bylaws for its operation as may be necessary or appropriate. (f) The commission may establish advisory committees, the members of which may include the chairmen of any councils, boards, or commissions appointed by the Governor or created by statute and involved in children and youth issues and representatives of public or private organizations, associations, or groups involved or interested in children and youth issues.

TUESDAY, MARCH 1, 1988

1921

49-5-162. (a) There shall be an executive director of the Commission on Children and Youth who shall be appointed by executive order and serve at the pleasure of the Governor.
(b) The executive director may contract with other agencies, public or private, or persons as the executive director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities.
(c) The executive director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article. Such personnel may be members of the classified service of the state merit system as defined in paragraph (2) of Code Section 45-20-2.
49-5-163. (a) The commission is vested with the following functions and authority: (1) To cooperate with and seek cooperation from every department, agency, or
instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article;
(2) To convene periodically, but at least once a year, regional or state-wide children and youth conferences involving key executives in the social services and juvenile justice systems of this state; elected officials; private industry and advocacy organizations; and others for the purpose of improving coordination and communication among the providers of children and youth services and all components of the social services, education, employment, and juvenile justice systems at all levels of state government;
(3) To develop, in coordination and cooperation with all components of the various children and youth systems of this state, legislative proposals and executive policy proposals to better meet the needs of our children and youth and improve the quality of services available to them;
(4) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;
(5) To provide for the interaction, communication, and coordination of all components of the children and youth systems of the state and to provide assistance in establishing model children and youth service programs for children and youth in Georgia;
(6) To serve in an advisory capacity to the Governor, the General Assembly, and the judiciary on existing services and gaps in services to meet the needs of the children and youth of this state;
(7) To encourage and facilitate the establishment of local commissions on children and youth and to facilitate the involvement of communities in providing services for their children and youth;
(8) To coordinate high visibility children and youth research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines;
(9) To serve as a state-wide clearing-house for children and youth information and research;
(10) To encourage collaborative efforts, such as interagency agreements and interstate compacts, among state and local public and private agencies serving children and youth;
(11) To provide technical assistance and consultation to members of the commission and local governments, particularly those involved in providing service to their children and youth;
(12) To review existing statutes and administrative rules, regulations, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and collaboration, more effective utilization of existing resources, and less duplication of efforts;
(13) To facilitate the elimination of unnecessary duplicative efforts, programs, and services;
(14) To administer federal assistance funds and state funds for the purposes mentioned in this subsection as assigned by law or executive order;

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JOURNAL OF THE HOUSE,

(15) To accept, under criteria established by the commission, applications for disbursements of available funds appropriated by the General Assembly for children and youth improvement projects; and
(16) To review and develop a children's budget listing all state and federal funds expended by the state for services to children and youth in Georgia. (b) Notwithstanding any provision in this article to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. 49-5-164. (a) The commission shall be assigned to the office of the Governor for administrative purposes only, as described in Code Section 50-4-3. (b) The commission shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the commission in the general appropriations Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The commission is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the office of the Governor; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out 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.

Representative Smyre of the 92nd moved that the House agree to the Senate substitute to HB 1371.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Aiken Y Alford
Alien Y Athon Y Atkins 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
Buck 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 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
Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
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 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 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
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 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 Y Smyre YSnow Y Stancil Y Stanley
Steinberg Stephens

TUESDAY, MARCH 1, 1988

1923

Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert

Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep

Walker.C Y Walker.L Y Wall
Ware Y Watson

On the motion, the ayes were 145, nays 0. The motion prevailed.

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

Y Wilson Y Wood
Y Workman Y Yeargin
Murphy.Spkr

HB 1411.

By Representatives Dobbs of the 74th, Lane of the lllth, Banner of the 131st and Porter of the 119th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and special nuclear materials as sources of ionizing radiation.

The following Senate amendment was read:

Amend HB 1411 by striking lines 3 through 11 of page 3 in their entirety and inserting in lieu thereof the following:
"(7) 'Radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves with frequencies between 4 1 x 10" hertz and 1 x 102* hertz and wavelengths between 3 x lO^meters and 3-x W* 3 x IP'16 meters."
By adding at the end of line 12 of page 6 before the semicolon the following:
'\ except that the department shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency".

Representative Dobbs of the 74th moved that the House agree to the Senate amendment to HB 1411.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck
Benefield Benn Y Birdsong Bishop
Y Bostick Y Branch Y Brooks Y Brown
Buck 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 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
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
Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
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 YLee Y Under
YLong YLord Y Lucas
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
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 Ray
Y Reaves
Redding

1924

JOURNAL OF THE HOUSE,

Y Richardson Y 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 Y Snow
Stancil Y Stanley

Steinberg Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert
Townsend Y Triplett

Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts

On the motion, the ayes were 139, nays 0. The motion prevailed.

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

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 species.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish in general, so as to change provisions relating to 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 Annotated, relating to fish in general, is 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 lengtht 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 2. 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 limits) 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 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.

TUESDAY, MARCH 1, 1988

1925

Representative Triplett of the 128th moved that the House agree to the Senate substitute to HB 1460.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom Y 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 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 Colwell
Y Connell Y Couch
Cox 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 Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Banner Y Harris
Y Hasty Heard
Y Hensley Y Herbert
Y 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 Y Lane,R Y Langford
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
Milan) 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 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
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,? Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil Y Stanley
Steinberg Stephens Y Thomas.C Y Thomas.M Y Thompson Thurmond Y Tolbert 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
Wood Y Workman
Y Yeargin Murphy,Spkr

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, solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts.

The following Senate substitute was read:

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, solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts; to provide that persons may not reapply for certain licenses until two years following a revocation; to provide for the biennial renewal of certain licenses; to provide for implementation of the issuance of

1926

JOURNAL OF THE HOUSE,

biennial renewal licenses; to delete United States citizenry as a requirement for certain licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by striking in its entirety paragraph (3) of Code Section 33-5-22, relating to the licensing of surplus line brokers generally, and inserting in its place a new paragraph (3) to read as follows:
"(3) Each license shall be issued for a term expiring on March 1 December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section;".
Section 2. Said title is further amended by striking in their entirety paragraphs (3) and (4) of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, and inserting in their place new paragraphs (3) and (4) to read as follows:
"(3) Annual license fees License for the following: property, casualty, surety, life, and accident and sickness agents for any one class or combination of all classes ................................ 16.00 20.00
(4) Annual license fees License for the following: solicitors, brokers, counselors, and adjusters...................................................................... 16.00 20.00"
Section 3. Said title is further amended by adding at the end of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, three new paragraphs, to be designated paragraphs (12), (13), and (14), to read as follows:
"(12) Agent status or clearance letter, each....................................................... 3.00
(13) Annual license fees for sales of variable annuity contracts......................... 20.00
(14) Annual license fees for sales of variable life insurance contracts................ 20.00"

Section 4. Said title is further amended by striking in its entirety Code Section
33-15-24, relating to licenses for agents of fraternal benefit societies, and inserting in its
place a new Code Section 33-15-24 to read as follows: "33-15-24. (a) As used in this Code section, the term 'insurance agent' means any
authorized or acknowledged agent of a society who acts as such in the solicitation, nego-
tiation, procurement, or making of a life insurance, accident and sickness insurance, or annuity contracts contract, except that the term shall not include:
(1) Any regular salaried officer or employee of a licensed society who devotes sub-
stantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of the contracts
no commission or other compensation directly dependent upon the amount of business obtained; or
(2) Any agent or representative of a society who devotes, or intends to devote, less
than 50 percent of his time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and pro-
cured life insurance contracts on behalf of any society in an amount of insurance in excess of $50,000.00 or, in the case of any other kind or kinds of insurance which the
society might write, on the persons of more than 25 individuals and who has received or will receive a commission or other compensation for the solicitation and procure-
ment shall be presumed to be devoting, or intending to devote, 50 percent of his time to the solicitation or procurement of insurance contracts for the society.
(b) Agents of societies shall be licensed in accordance with this Code section.
(c) Any person who in this state acts as insurance agent for a society without having authority so to do by virtue of a license issued and in force pursuant to this Code section shall, except as provided in paragraphs (1) and (2) of subsection (a) of this Code
section, be guilty of a misdemeanor.

TUESDAY, MARCH 1, 1988

1927

(d) No society doing business in this state shall pay any commission or other compensation to any person for any services in obtaining in this state any new contract of life insurance, accident or sickness insurance, or any new annuity contract, except to a licensed insurance agent of such society or to an agent exempted under paragraph (2) of subsection (a) of this Code section.
(e) The Commissioner may issue a license to any person who has paid an annual license fee of $16.00 $20.00 and who has complied with the requirements of this Code section authorizing the licensee to act as an insurance agent on behalf of any society named in the license which is authorized to do business in this state.
(f) Before any insurance agent's license shall be issued, there shall be on file in the office of the Commissioner the following documents:
(1) A written application by the prospective licensee in such form or forms and supplements thereto and containing such information as the Commissioner may prescribe; and
(2) A certificate by the society which is to be named in the license stating that the society has satisfied itself that the named applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the Commissioner. The certificates shall be executed and acknowledged by an officer or managing agent of the society.
(g) No written or other examination shall be required of any individual seeking to be named as a licensee to represent a fraternal benefit society as its agent.
(h) The Commissioner may refuse to issue or renew any insurance agent's license if in his judgment the proposed licensee is not trustworthy and competent to act as such agent, or has given cause for revocation or suspension of such license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of the license.
(i) Every original license issued pursuant to this Code section awl every renewal ef saeh license shall expire at midnight on the last day of February December following the date of issue. A renewal of a license may be issued biennially, to expire at midnight on December 31 of the year of expiration.
(j) If the application for a renewal license shall have been filed with the Commissioner on or before March i December 31 of the year in which the existing license is to expire, the applicant named in the existing license may continue to act as insurance agent under the existing license, unless the license shall be revoked or suspended, until the issuance by the Commissioner of the renewal license or until the expiration of five days after he shall have refused to renew such license and shall have served written notice of the refusal on the applicant. If the applicant shall, within 30 days after the notice is given, notify the Commissioner in writing of his request for a hearing on that refusal, the Commissioner shall within a reasonable time after receipt of the notice grant the hearing, and he may in his discretion reinstate the license.
(k) Any renewal license of an insurance agent may be issued upon the application of the society named in the existing license. The application shall be in the form or forms prescribed by the Commissioner and shall contain such information as he may require. The application shall contain a certificate executed by the president, a vicepresident, a secretary or assistant secretary, a corresponding officer, by whatever name known, or an employee expressly designated and authorized to execute the certificate of a domestic or foreign society or by the United States manager of an alien society, stating that the addresses in the application given of the agents of the society for whom renewal licenses are requested in the application have been verified in each instance immediately preceding the preparation of the application. Notwithstanding the filing of the application, the Commissioner may after reasonable notice to the society require that any or all agents of the society to be named as licensees in renewal licenses shall execute and file separate applications for the renewal of the licenses, as specified in this Code section, and he may also require that each application shall be accompanied by the certificate specified in paragraph (2) of subsection (f) of this Code section.
(1) Every society doing business in this state shall upon the termination of the appointment of any insurance agent licensed to represent it in this state immediately

1928

JOURNAL OF THE HOUSE,

file with the Commissioner a statement, in such form as he may prescribe, of the facts relative to termination and the cause of termination. Every statement made pursuant to this Code section shall be deemed a privileged communication.
(m) The Commissioner may revoke, or may suspend for such period as he may determine, any insurance agent's license if, after notice and hearing as specified in this Code section, he determines that the licensee has:
(1) Violated any provision of, or any obligation imposed by, this Code section or has violated any law in the course of his dealings as agent;
(2) Made a material misstatement in the application for that license; (3) Been guilty of fraudulent or dishonest practices; (4) Demonstrated his incompetence or untrustworthiness to act as an insurance agent; or (5) Been guilty of rebating as defined by the laws of this state applicable to life insurance companies. (n) The revocation or suspension of any insurance agent's license shall terminate immediately the license of the agent. No individual whose license has been revoked shall be entitled to obtain any insurance agent's license under this Code section for a period of one year two years after the revocation or, if the revocation is judicially reviewed, for ee year two years after the final determination of the court affirming the action of the Commissioner in revoking the license."
Section 5. Said title is further amended by striking in its entirety Code Section 33-23-11, relating to the expiration of licenses and filing of requests for renewal by agents and counselors for life insurance, accident and sickness insurance, and annuity contracts, and inserting in its place a new Code Section 33-23-11 to read as follows:
"33-23-11. (a) In the first calendar year of issuance, a Each license issued to an agent shall expire at 12:00 Midnight on December 31 in each such year, unless prior thereto it is revoked or suspended by the Commissioner or unless the authority of the agent to act for the insurer is terminated.
(b) (1) In the absence of a contrary ruling by the Commissioner, license renewals may be issued from year te yea* biennially, to expire at 12:00 Midnight on December 31 of the year of expiration, upon request of the insurer without further action on the part of an agent; provided, however, that no license shall be issued to an agent or counselor unless the licensee has paid fees and taxes as provided for in Chapter 8 of this title and has successfully completed such continuing education as the Commissioner may require.
(2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements.
(4) The continuing education requirements provided for in this subsection shall not apply to:
(A) Those persons who are licensed by the Commissioner and who hold one or more of the limited licenses described in paragraph (2) or (3) of subsection (a) of Code Section 33-23-5; or
(B) Those persons who have been continuously licensed and employed principally as an insurance agent or counselor for 20 years or more. (5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (6) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempt from any additional continuing education requirements as set forth in Code Section 33-23-60.

TUESDAY, MARCH 1, 1988

1929

(c) In the first calendar year of issuance, a Each license issued to a counselor shall expire at 12:00 Midnight on December 31 in each such year, unless prior thereto it is revoked or suspended by the Commissioner. In the absence of a contrary ruling by the Commissioner, license renewals shall be issued biennially, to expire at 12:00 Midnight on December 31 of the year of expiration.
(d) Each request for renewal of license shall show whether the licensee devotes all or part of his efforts to acting as an agent or counselor and2 if part only, how much time he devotes to such work and in what other business or businesses he is engaged or employed.
(e) Upon the filing of a request for renewal of license, the current license shall continue in force until the renewal license is issued by the Commissioner or until the Commissioner has refused for cause to issue a renewal license, as provided in Code Section 33-23-13, and has given written notice of such refusal to the insurer and the agent or to the counselor.
(f) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. The rules shall be promulgated so as to divide the alphabet, in relation to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar year years.
(g) Prior to January 1^ 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licenses into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (c or (Q of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years 1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years."
Section 6. Said title is further amended by striking in its entirety subsection (c) of Code Section 33-23-13, relating to the grounds and procedure for the refusal of renewal, suspension, or revocation of certain licenses, and inserting in its place a new subsection (c) to read as follows:
"(c) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within one year two years from the effective date of the revocation or, if judicial review of such revocation is sought, within ee year two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license."
Section 7. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-43, relating to general qualifications for licenses, and inserting in its place a new paragraph (1) to read as follows:
"(1) The applicant must be a citizen ef the United States and a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business;".
Section 8. Said title is further amended by striking in its entirety Code Section 33-23-60, relating to the expiration and renewal of licenses for agents, brokers, solicitors, counselors, or adjusters for property, casualty, and surety insurance, and inserting in its place a new Code Section 33-23-60 to read as follows:
"33-23-60. (a) At 12:00 Midnight of the last day in December in every year, each license then in effect for the first calendar year of issuance shall expire unless renewed.

1930

JOURNAL OF THE HOUSE,

(b) (1) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 8 of this title and upon successful completion by the applicant of such continuing education as the Commissioner may require, a renewal for one yearly period two years ending at the end ef 12:00 Midnight on December 31 of the year of expiration shall be issued by the Commissioner without further examination, investigation, or inquiry.
(2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year.
(3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements.
(4) The continuing education requirements provided for in this subsection shall not apply to:
(A) Those persons who are licensed by the Commissioner and who hold one or more of the limited licenses described in subsections (a), (b), (c), and (e) of Code Section 33-23-53; or
(B) Those persons who have been continuously licensed and employed principally as an insurance agent or broker for 20 years or more. (5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (6) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempted from any additional continuing education requirements as set forth in Code Section 33-23-11. (c) If the Commissioner, after conforming to procedure for a hearing as set forth in Chapter 2 of this title, makes a determination that such renewal should be refused or the license revoked or suspended, or the application discloses a disqualification, then the license shall not be renewed. (d) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, according to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar year years. (e) Prior to January j^ 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licensees into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (d) of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years 1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Workman of the 51st moved that the House agree to the Senate substitute to HB 1490.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Athon
Y Atkins 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

TUESDAY, MARCH 1, 1988

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
Cummings,M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd
Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene

Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty 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 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
Pannell Y Parham Y Parrish
Y Patten Y Peters

On the motion, the ayes were 150, nays 0. The motion prevailed.

Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Y Powell Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray 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.P Y Smith.T Y Smith,W
Smyre

1931
YSnow Y Stancil Y Stanley
Steinberg Stephens Y Thomas.C Y Thomas.M Y Thompson Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L YWall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Wilson Wood Y Workman Y Yeargin Murphy.Spkr

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 Annotated, 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 following Senate amendment was read:

Amend HB 1496 by inserting on line 8 of page 1 immediately following "accordingly;" the following:
"to change certain provisions relating to the applicability of such chapter to counties or municipalities having a population of 100,000 or more; to provide an effective date;".
By inserting between lines 16 and 17 of page 4 the following:
"Section 6. Said chapter is further amended by striking Code Section 43-8-16, relating to applicability of such chapter to counties or municipalities having a population of 100,000 or more, and inserting in its place a new Code Section 43-8-16 to read as follows:
'43-8-16. This chapter shall not apply in counties e municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census or in any municipalities located therein if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provide that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein.'
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

1932

JOURNAL OF THE HOUSE,

By redesignating Section 6 on line 17 of page 4 as Section 8.

Representative Kilgore of the 42nd moved that the House disagree to the Senate amendment to HB 1496.
The motion prevailed.

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 Annotated, 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 Senate substitute was read:

A BILL
To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in certain cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, is amended by striking paragraphs (11) and (12) of subsection (b) of said Code section and inserting in lieu thereof new paragraphs (11) and (12) to read as follows:
"(11) Serving process against tenant over or intruder upon land to dispossess them ..................................................................................... 10.00 20.00
(12) For dispossessing tenant or intruder...................................................... 16.00 20.00"
Section 2. Said Code section is further amended by striking paragraph (6) of subsection (c) thereof and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant........ 20.00"
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawson of the 9th moved that the House agree to the Senate substitute to HB 1530.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams G Y Adams.M
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister YBargeron YBarnett,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

Y Clark.L
Y Colbert Coleman
Y Colweil Y Connell
Y Couch Y Cox Y Crawford
Crosby
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M Y Dixon
Y Dobbs 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 Hudson
Y Isakson Y Jackson,J
Y Jackson, W Y Jamieson
Johnson.D Johnson,R Y Kilgore
Y Kingston Y Lane.D Y Lane.R

TUESDAY, MARCH 1, 1988

Y Langford
Y Lawler Y Lawrence
Y Lawson Y Lee Y Linder
Long
Y Lord Y Lucas
Lupton
Y Mangum Y Martin Y McCoy
Y McDonald YMcKelvey
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 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 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
Stanley Steinberg Stephens
Y Thomas.C Thomas.M
Y Thompson Thurmond
Y Tolbert
Townsend

On the motion, the ayes were 144, nays 1. The motion prevailed.

1933
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 N Wilson
Wood Y Workman Y Yeargm
Murphy.Spkr

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 Annotated, relating to general provisions applicable to counties and municipal corporations, 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 Senate substitute was read:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-60-12, to read as follows:
"36-60-12. (a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;
(3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and

1934

JOURNAL OF THE HOUSE,

(4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality. (b) In addition to the provisions enumerated in subsection (a) of this Code Section, any contract authorized by this Code section may include:
(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the county or municipality. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (e) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions."
Section 2. The governing body of each county or 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 county or municipality for the purposes of increasing trade, industry, agri-business, commerce and tourism, and the improvement of employment opportunities within the county or municipality, and to otherwise promote the general welfare of the county or municipality.
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 Lawson of the 9th moved that the House agree to the Senate substitute to HB 1550.
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
Bargeron Y Barnett,B Y Barnett.M YBeck
Benefield YBenn Y Birdsong

Bishop Y Bostick Y Branch
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Carter Y Chamblesi 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
Dover
YDunn Y Edwards Y Felton
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
Hudson Y Isakson Y Jackson,J Y 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

TUESDAY, MARCH 1, 1988

1935

Y Linder Y Long Y Lord Y Lucas
Lupton
Y Mangum Y Martin YMcCoy
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
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
Redding Y Richardson Y Ricketson
Robinson Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the motion, the ayes were 147, nays 0. The motion prevailed.

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

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 Senate substitute was read:

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; to clarify the proceedings before the director when there has been a release of hazardous waste or hazardous constituents into the environment; 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 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by striking Code Section 12-8-62, relating to definitions, and inserting in lieu thereof a new Code Section 12-8-62, to read as follows:
"12-8-62. As used in this article, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (1.1) 'Designated hazardous waste' means any solid waste identified as such in
regulations promulgated by the board. The board may identify as 'designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1988, if such solid waste contains any substance which is listed on any one or more of the following lists:

1936

JOURNAL OF THE HOUSE,

(A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, VIII, in force and effect on February 1, 1988;
(B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1988;
(C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, in force and effect on February 1, 1988;
(D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, m force and effect on February 1, 1988;
(E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A^ in force and effect on February 1, 1988j or
(F) Proposed list of chemicals and chemical categories, as set forth in 50 Fed. Reg. 21168-21179, June 4, 1987.
(2) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(3) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
(4) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(5) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended.
(5.1) 'Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment.
(6) 'Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article.
(6.1) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1986; 1988, codified as Appendix VIII to 40 C.F.R. Part 261 Identification and Listing of Hazardous Waste.
(7) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect
f\j\nii Tr?c<*uVrvru11nQrMyJ T1 J 1A O 1/P0C0 ( fc*uf\ufliiifijncru\ intqs "AiCt?\ \("j*,rTi1 .Rt?I. CPfaitr-if, SOOfiTl ~ iTuft4?fnii->l/fiiifliuffniJ. -ninoyi>l cntyrttfuJ JT-jjrisi-tfiiyiiigff oe\rf
Hazardous Waste February 1, 1988, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste.
(8) 'Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste.
(9) 'Hazardous waste generation' means the act or process of producing hazardous waste.
(10) 'Hazardous waste management' means the systematic recognition and control
of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure,
perpetual care, resource recovery, and disposal.

TUESDAY, MARCH 1, 1988

1937

(10.1) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave.
(11) 'Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(11.1) 'Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(12) 'Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government.
(12.1) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(13) 'Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1986 1988, codified as 40 C.F.R. Part 36i - Identification and Listing of Hazardous Waste. Sections 261.1, 261.2(a)-(d), and 261.4(a).
(14) 'Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.
(15) 'Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point.
(16) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous."
Section 2. Said article is further amended by striking Code Section 12-8-64, relating to the powers and duties of the board, in its entirety and inserting in lieu thereof a new Code Section 12-8-64 to read as follows:
"12-8-64. In the performance of its duties, the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary to provide for the control and management of hazardous waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations shall include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling standards applicable to hazardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage, or disposal facilities. These rules and regulations may include measures to ensure that hazardous waste management practices are regulated, governed, and controlled in the public interest. Such measures may include, but shall not be limited to:
(i) The establishment of record-keeping procedures; (ii) Requirements calling for the submission of reports to the director; and

1938

JOURNAL OF THE HOUSE,

(iii) The establishment of monitoring practices; (B) Rules and regulations governing and controlling the treatment, storage, and disposal of hazardous waste; (C) Rules and regulations specifying the terms, provisions, and conditions under which the director shall issue, modify, amend, revoke, or deny permits pursuant to this article; (D) Rules and regulations governing and controlling hazardous waste management; (E) Rules and regulations establishing procedures and requirements for the reporting of the generation of hazardous wastes and governing and controlling the activities of hazardous waste generators; (F) Rules and regulations establishing standards and procedures for the operation and maintenance of hazardous waste facilities; (G) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes; (H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regulations adopted hereunder under this article; (I) Rules and regulations establishing procedures and requirements for the use and disposition of hazardous waste or hazardous constituents; and (J) Rules and regulations deleting certain solid wastes from the definition of hazardous waste; (K) Rules and regulations exempting from some or all regulation certain small quantities of hazardous waste; (L) Rules and regulations exempting from some or all regulation certain hazardous wastes that are recyclable; and (M) Rules and regulations designating certain solid wastes as designated hazardous wastes; and (2) Take all necessary steps to ensure the effective enforcement of this article."
Section 3. Said Article is further amended by striking Code Section 12-8-65, relating to powers and duties of the director as to hazardous waste, and inserting in lieu thereof a new Code Section 12-8-65, to read as follows:
"12-8-65. (a) The director shall have and may exercise the following powers and
duties: (1) To exercise general supervision over the administration and enforcement of this
article and all rules and regulations, orders, or permits promulgated or issued here-
under;
(2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to hazardous waste management practices in
this state as he deems advisable and necessary; (3) To issue all permits contemplated by this article, stipulating in each permit the
conditions or limitations under which such permit is issued, and to deny, revoke,
modify, or amend such permits; (4) To make investigations, analyses, and inspections to determine and ensure
compliance with this article, the rules and regulations promulgated hereunder, and
any permits or orders which the director may issue; (5) To enter into such contracts as may be required or necessary to effectuate this
article or the rules and regulations promulgated under this article; (6) To prepare, develop, amend, modify, submit, and enforce any comprehensive
plan or program sufficient to comply with this article or the federal act, or both, for the control, regulation, and monitoring of hazardous waste management practices in
this state; (7) To develop and implement plans to achieve goals and objectives set by any
comprehensive plan or program; (8) To conduct such public hearings as are required by this article or as he deems
necessary for the proper administration of this article and to control and manage the
conduct and procedure for such public hearings;

TUESDAY, MARCH 1, 1988

1939

(9) To advise, consult, cooperate, and contract on hazardous waste management matters with other agencies of this state, political subdivisions thereof, and other designated organizations or entities, and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities, provided that nothing in this article shall authorize the division to own or operate a hazardous waste storage, treatment, or disposal facility;
(10) To collect and disseminate information and to provide for public notification in matters relating to hazardous waste management;
(11) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this article and all rules or regulations promulgated hereunder;
(12) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this article, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder;
(13) To accept, receive, administer, or disburse grants from public or private sources for the purpose of the proper administration of this article or for the purpose of carrying out any of the duties, powers, or responsibilities hereunder;
(14) To grant variances in accordance with this article and the rules and regulations promulgated hereunder, provided that such variances are not inconsistent with the federal act and rules or regulations promulgated thereunder;
(15) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article;
(16) To assure that the State of Georgia complies with the federal act and retains maximum control thereunder and receives all desired federal grants, aid, and other benefits;
(17) To require any person who is generating, transporting, treating, storing, or disposing of hazardous waste to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity and identifying the hazardous waste handled, and any other information which may be deemed relevant, under such conditions as the director may prescribe;
(18) To maintain an inventory of hazardous wastes within the state, including such information as location, identity, quantity, method of storage, rate of accumulation, disposal practices, and any other information which the director may deem necessary to administer and enforce this article;
(19) e adopt, promulgate, modify, amend, and repeal criteria for the identification
wastes is hazardous for the purposes ef tht9 article To exclude from regulation under this article the solid waste at any particular generating facility if it is determined that such solid waste does not pose a danger to human health or the environment;
(20) To establish hazardous waste management standards for the state, provided that they are in all cases not less stringent than those standards provided by the federal act;
(21) To take all necessary steps to ensure that the administration of this article is consistent with and equivalent to the provisions of the federal act and any standards, rules, or regulations promulgated thereunder toward the end that the State of Georgia shall have maximum control over hazardous waste management practices in this State state; and
(22) To exercise all incidental powers necessary to carry out the purposes of this article. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper."
Section 4. Said Article is further amended by striking Code Section 12-8-71, relating to proceedings before the director, in its entirety, and inserting in lieu thereof a new Code Section 12-8-71, to read as follows:

1940

JOURNAL OF THE HOUSE,

"12-8-71. (a) Whenever the director has reason to believe that a violation of any provision of this article, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this article, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
(b) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which disposal release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order.
(c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-8-73."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House agree to the Senate substitute to HB 1563.
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 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 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 YDunn Y Edwards Y Felton Y Floyd N Foster YGaler Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham

N Griffin Y Groover Y Hamilton Y Manner
Harris Y Hasty Y Heard Y Hensley
Y Herbert Y Holcorab 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 Lawaon YLee Y Linder 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
YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett
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
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

TUESDAY, MARCH 1, 1988

1941

Y 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

On the motion, the ayes were 156, nays 2. The motion prevailed.

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

Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

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 following Senate substitute was read:

A RESOLUTION
Designating certain public roads and highways as the Chieftains Trail; and for other purposes.
WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and
WHEREAS, regions in northwest Georgia contain many features which reach back to Georgia's diverse and fascinating origins, including the state's Indian culture and heritage; and
WHEREAS, it is important in preserving representations of this past and in promoting future financial well-being and growth, that these sites and regions be identified, marked, promoted, and managed; and
WHEREAS, the designation of the Chieftains Trail is a vital and appropriate beginning to this process.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Chieftains Trail:
U.S. 41 north to U.S. 411 then U.S. 411 west from Cartersville Etowah Indian Mounds to the Chieftains Museum in Rome; then
Ga. 53 east to the New Echota site in Calhoun; then
Ga. 225 north to the Chief Vann House in Murray County; then
Ga. 52 east to Fort Mountain State Park in Chatsworth; then
Ga. 52 east to Ellijay; then
Ga. 5 south to Tate; then
Ga. 5 south to Canton; then
Ga. 20 west to Cartersville.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers along the Chieftains Trail and at gateways to the trail on Interstate 75 at Marietta, on Interstate 75 at Dalton, and on Interstate 575 at Blue Ridge.

1942

JOURNAL OF THE HOUSE,

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HR 708.
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
Beck 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
Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman Y Colwell
Connell Y Couch
YCox Y Cravrford
Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M
Dixon Dobbs Y Dover Dunn
Y Edwards Y Felton
Floyd 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 Jamieson Johnson,D
Y Johnson.R Y Kilgore Y Kingston
Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore YMorton

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.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
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding Richardson Y 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 Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplet!
Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Wilson Y Wood Y Workman
Y Yeargin Murphy ,Spkr

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 following Senate amendment was read:

Amend HB 1799 by striking from line 33 of page 8 the following: "a date to be determined in the month of August,", and inserting in lieu thereof the following: "the first Tuesday in November,".

Representative Dunn of the 73rd moved that the House agree to the Senate amendment to HB 1799.
On the motion the ayes were 120, nays 0.

TUESDAY, MARCH 1, 1988

1943

The motion prevailed.

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

SB 437. By Senator Peevy of the 48th:
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 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.

The following amendment was read:

Amend SB 437 by striking from lines 3 and 4 of page 1 the following: "State Mapping Advisory Board", and inserting in its place the following: "State Mapping and Land Records Modernization Advisory Board". By striking from line 18 of page 1 the following: "State Mapping Advisory Board", and inserting in its place the following: "State Mapping and Land Records Modernization Advisory Board". By deleting from line 27 of page 4 the following: "the Governor or".

Representative Floyd of the 154th moved that the House agree to the Senate amendment to the House substitute to SB 437.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck
Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown Y Buck
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
Cox Y Crawford
Crosby
Y Cummings,B 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
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
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D
Y Lane.R 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 Y Padgett
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

1944

JOURNAL OF THE HOUSE,

Randall Y Ransom Y Ray 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 Y Smith,? Y Smith.T Y Smith,W
Smyre

Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert

On the motion, the ayes were 152, nays 0. The motion prevailed.

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

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

Representative Wilson of the 20th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1472 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 Wilson of the 20th, Crosby of the 150th and Kilgore of the 42nd.

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

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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

Representative Reaves of the 147th moved that the House insist on its position in amending SB 570.
The motion prevailed.

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

TUESDAY, MARCH 1, 1988

1945

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

The following Senate substitute was read:

A BILL
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements; to provide for a short title; to provide for legislative intent; to define certain terms; to provide standards for preferred provider arrangements; to require certain provisions regarding emergency care, benefit levels, and differences in benefit levels to be included in policies or subscriber certificates; to authorize health care insurers to place reasonable limits on the number or classes of preferred providers which satisfy the standards of such insurer under a health benefit plan subject to the approval of the Commissioner of Insurance; to provide for the opportunity of health care providers to participate in preferred provider arrangements; to prohibit discrimination against providers; to require health care insurers to comply with certain provisions of law and rules and regulations; to provide for the promulgation of rules and regulations by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by designating Code Sections 33-30-1 through 33-30-11 as Article 1 and by adding a new Article 2 to read as follows:
"ARTICLE 2
33-30-20. This article shall be known and may be cited as the 'Preferred Provider Arrangements Act.'
33-30-21. It is the intent of the General Assembly to encourage health care cost containment while preserving quality of care by allowing health care insurers to enter into preferred provider arrangements and by establishing minimum standards for preferred provider arrangements and the health benefit plans associated with those arrangements.
33-30-22. As used in this article, the term: (1) 'Emergency care' means covered services included in a preferred provider
arrangement provided to a person after the sudden onset of a medical condition manifested by symptoms of such severity that the failure to provide immediately such services could reasonably be expected to result in:
(A) Placing the patient's health in jeopardy; (B) Impairment to bodily functions; or (C) Dysfunction of any bodily organ or part. (2) 'Health benefit plan' means the health insurance policy or subscriber agreement between the covered person or the policyholder and the health care insurer which defines the covered services and benefit levels available. (3) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called under this title. (4) 'Health care provider' means any person duly licensed or legally authorized to provide health care services.

1946

JOURNAL OF THE HOUSE,

(5) 'Health care services' means services rendered or products sold by a health care provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, chiropractic, psychological, and pharmaceutical services or products.
(6) 'Preferred provider' means a health care provider or group of providers who have contracted to provide specified covered services.
(7) 'Preferred provider arrangement' means a contract between or on behalf of the health care insurer and a preferred provider which complies with all the requirements of this article. 33-30-23. (a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall:
(1) Establish the amount and manner of payment to the preferred provider; (2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers; and (3) (A) Include mechanisms which are designed to minimize the cost of the health benefit plan such as the review or control of utilization of health care services.
(B) Include procedures for determining whether health care services rendered are medically necessary. (b) Such arrangements shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services; (3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 20 percentage points; (4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 30 percent of the benefit levels under the policy for such services; and
(5) Have an adverse effect on the availability or the quality of services.
(c) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered.
(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activities and a description of the contract or agreement it has entered into with the health care providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement.
33-30-24. Health care insurers may issue health benefit plans which provide for incentives for covered persons to use the health care services of preferred providers. Such policies or subscriber certificates shall contain at least the following provisions:
(1) A provision that if a covered person receives emergency care for services specified in the preferred provider arrangement and cannot reasonably reach a preferred provider, that emergency care rendered during the course of the emergency will be paid for in accordance with the terms of the health benefit plan, at benefit levels at least equal to those applicable to treatment by preferred providers for emergency care in an amount based on the usual, customary, and reasonable charges in the area where the treatment is provided; and

TUESDAY, MARCH 1, 1988

1947

(2) A provision which clearly identifies the differences in benefit levels for health care services of preferred providers and benefit levels for health care services of nonpreferred providers. 33-30-25. Subject to the approval of the Commissioner under such procedures as he may develop, health care insurers may place reasonable limits on the number or classes of preferred providers which satisfy the standards set forth by the health care insurer, provided that there be no discrimination against providers on the basis of religion, race, color, national origin, age, sex, or marital or corporate status, and provided, further, that all health care providers within any defined service area who are licensed and qualified to render the services covered by the preferred provider arrangement and who satisfy the standards set forth by the health care insurer shall be given the opportunity to apply and to become a preferred provider. 33-30-26. Health care insurers as defined in this article shall be subject to and shall be required to comply with all other applicable provisions of this title and rules and regulations promulgated pursuant to this title. 33-30-27. The Commissioner shall promulgate all rules and regulations necessary or appropriate to the administration and enforcement of this article."
Section 2. This Act shall apply to any health benefit plan issued, delivered, issued for delivery, or renewed on or after January 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Ware of the 77th moved that the House agree to the Senate substitute to HB 507.
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
Bargeron Y Barnett,B Y Barnett,M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Buford YByrd Y Carrell N 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
CummingSjM 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 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 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
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 153, nays 1. 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 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
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 Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Wilson Y Wood
Y Workman Y Yeargin
Murphy.Spkr

1948

JOURNAL OF THE HOUSE,

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

HB 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 certain nonresident hunting licenses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1597

The Committee of Conference on HB 1597 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1597 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Loyce W. Turner
Senator, 8th District
/s/ Hugh Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
. /s/ Howard H. Rainey
Representative, 135th District
/s/ Lundsford Moody Representative, 153rd District

/s/ Joseph E. Kennedy Senator, 4th District

/s/ L. Charles Watts Representative, 41st District

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 certain nonresident hunting licenses; to authorize the commissioner of natural resources to adjust the fee for certain nonresident fishing or small game hunting licenses for residents of certain states which do not have certain reciprocal agreements; to provide that certain pen raised quail may be killed in certain permitted field trials; to require the wearing of certain daylight fluorescent orange material while hunting bears or accompanying a person hunting bears; to change certain provisions relating to insurance companies which can insure holders of certain wild animal licenses or permits; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new subsection at the end of Code Section 27-2-4, relating to honorary hunting and fishing licenses, to be designated subsection (e), to read as follows:
"(e) The board is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older, so as to provide

TUESDAY, MARCH 1, 1988

1949

honorary hunting and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence."
Section 2. Said title is further amended by striking subsection (e) of Code Section 27-2-5, relating to required hunter education courses, and inserting in its place a new subsection (e) to read as follows:
"(e) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence if that course shall have been approved by the Board of Natural Resources. Those persons applying for a ten-day seven-day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a ten-day seven-day nonresident hunting license."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 27-2-7, relating to making and entering into agreements relating to hunting license reciprocity, to be designated subsection (d), to read as follows:
"(d) If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee does not have an existing reciprocal agreement governing nonresident fishing or small game hunting licenses with the State of Georgia and has a fee for a nonresident fishing or small game hunting license or its equivalent, which substantially differs from the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fees specified in Code Section 27-2-23, and in order to encourage the reduction of the excessive fee or the entering into of a reciprocal agreement, shall be authorized to adjust the nonresident fishing or small game hunting license fee as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish or hunt in that contiguous state."
Section 4. Said title is further amended by striking subsection (d) of Code Section 27-2-21, relating to field and retriever trials, and inserting in its place a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this Code section, properly marked pen raised mallard ducks and properly marked pen raised quail may be killed by any person registered as a participant in a permitted field trial."
Section 5. Said title is further amended by adding a new Code section immediately following Code Section 27-3-24, to be designated Code Section 27-3-25, to read as follows:
"27-3-25. It shall be unlawful for any person to hunt bears or for any person to accompany another person hunting bears unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment. Such clothing must be worn above the waistline and may include a head covering."
Section 6. Said title is further amended by striking subsection (f) of Code Section 27-5-4, relating to wild animal licenses and permits generally, and inserting in its place a new subsection (f) to read as follows:
"(f) Each license or permit to import, transport, sell, transfer, or possess a wild animal which is listed in this subsection as being inherently dangerous to human beings shall be conditioned upon the licensee or permittee obtaining or arranging for, providing proof of, and maintaining in force and effect a liability insurance policy with an insurance company licensed and authorized to do business in this state, or with an unauthorized insurer if permitted by Chapter 5 of Title 33 which covers claims for injury or damage to persons or property caused by the animal in an amount equal to $40,000.00 for each wild animal up to a maximum of $500,000.00, provided that this subsection shall not apply to federal, state, county, or municipal governments or their agencies. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. The following list contains those animals considered to be inherently dangerous to human beings:
(1) Class Mammalia:

1950

JOURNAL OF THE HOUSE,

(A) Order Marsupialia: Family Macropodidae: Genus Macropus (kangaroos) All species;
(B) Order Primates: (i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and
gorillas) All species; (ii) Family Cercopithecidae: (I) Genus Macaca (macaques) All species; (II) Genus Papio (mandrills, drills, and baboons) All species; (III) Theropithecus gelada (Gelada baboon);
(C) Order Carnivora: (i) Family Canidae: (I) Genus Canis (wolves, jackals, and dingos); (II) Chrysocyon brachyurus (maned wolf); (III) Cuon alpinus (red dog); (IV) Lycaon pictus (African hunting dog); (ii) Family Ursidae (bears) All species; (iii) Family Mustelidae Gulo gulo (wolverine); (iv) Family Hyaenidae (hyenas) All species; (v) Family Felidae: (I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards) All species; (II) Unica unica (snow leopard); (III) Acinonyx jubatus (cheetah); (IV) Felis concolor subspecie (Western cougar) All subspecies of Felis concolor except coryi and cougar;
(D) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) All species; (E) Order Artiodactyla:
(i) Family Suidae Phacochoerus aethiopicus (wart hog); (ii) Family Hippopotamidae Hippopotamus amphibius (hippopotamus); (iii) Family Bovidae:
(I) Genus Taurotragus (elands) All species; (II) Boselaphus tragocamelus (nilgais); (III) Bos sauveli (kouprey); (IV) Syncerus caffer (African buffalo); (V) Hippotragus niger (sable); (VI) Oryx gazella (gemsbok); (VII) Addax nasomaculatus (addax); (VIII) Genus Alcelaphus (hartebeests) All species; (I)) Genus Connochaetes (gnu, wildebeest); (2) Class Reptilia: (A) Order Crocodylia: Family Crocodylidae All species; (B) Order Squamata: (i) Suborder Serpentes: (I) Family Elapidae (cobras, coral snakes, etc.) All species except Micrurus fulvius (Eastern coral snake); (II) Family Viperidae (adders, vipers, etc.) All species;
(III) Family Colubridae All poisonous rear-fanged species (Opisthoglypis);
(IV) Family Crotalidae (pit vipers) All species except Ancistrodon contortrix (copperhead), Ancistrodon piscivorous (cottonmouth), Sistrurus miliarus (pigmy rattlesnake), Crotalus horridus (timber rattlesnake), Crotalus adamanteus (Eastern diamondback rattlesnake);
(ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded lizards) All species;
(3) Class Osteichthyes:
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) All species;

TUESDAY, MARCH 1, 1988

1951

(B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus All species; (4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) All species; (5) All other wild animals considered inherently dangerous to human beings as specified by regulations of the board."
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.

Representative Rainey of the 135th moved that the House adopt the report of the Committee of Conference on HB 1597.
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
YBeck Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
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 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 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 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
Lucas Y Lupton Y Mangum
Martin Y 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 153, nays 0. 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 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,?
Y Smith.T Y Smith, W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

Representative Patten of the 149th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 615 Do Pass, by Substitute

1952

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Patten of the 149th
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.

WEDNESDAY, MARCH 2, 1988

1953

Representative Hall, Atlanta, Georgia Wednesday, March 2, 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 Craig W. Bowman, Pastor, First Baptist Church, Monroe, 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 Bill and Resolution of the House were introduced, read the first time and referred to the committees:
HB 1919. By Representative Kingston of the 125th: A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the court to require the installation of an ignition interlock device as a condition of probation for a person who has been convicted of the offense of driving under the influence of alcohol or drugs; to provide for violations and penalties.
Referred to the Committee on Motor Vehicles.
HR 973. By Representatives Watson of the 114th and Lupton of the 25th: A resolution creating the House Pari-mutuel and Lottery Wagering 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:

1954

JOURNAL OF THE HOUSE,

HB 1922. By Representative Aiken of the 21st:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1923. By Representative Aiken of the 21st:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1916 HB 1917 HB 1918

HB 1920 HR 970

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 197 Do Pass, by Substitute SB 647 Do Pass, by Substitute SB 649 Do Pass, by Substitute

SB 510 Do Pass SB 640 Do Pass, by Substitute

Respectfully submitted, kl 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 667 Do Pass, as Amended SB 597 Do Pass
Respectfully submitted, kl Coleman of the 118th
Chairman

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

Mr. Speaker:

WEDNESDAY, MARCH 2, 1988

1955

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 821 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:

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

HB 1901 Do Pass, by Substitute HB 1903 Do Pass HB 1904 Do Pass HB 1905 Do Pass HB 1906 Do Pass HB 1907 Do Pass HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass

HB 1911 Do Pass HB 1912 Do Pass HB 1913 Do Pass HB 1914 Do Pass SB 631 Do Pass SB 661 Do Pass SB 670 Do Pass SB 672 Do Pass SB 675 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 265 Do Pass, by Substitute
Respectfully submitted, l&l Wilson of the 20th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 2, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 37th Legislative Day as enumerated below:
HR 572 Homeless Children and Street Prostitution Study Comm.: Create

1956

JOURNAL OF THE HOUSE,

SB 51 Property: Processioning of Boundaries: Procedures SB 73 Arbitration: General Provisions SB 98 Dentures: Certain Markings SB 100 Appeal/Pretrial Review: Death Penalty: Procedures SB 248 Landlords: Furnish Utilities to Tenants: Prohibit Suspension SB 334 Appalachian Judicial Circuit: Add Judge SB 367 Health: Consent to Surgical Treatment SB 404 Electors: Change of Address Amend Requirements SB 405 Voter Registration: Marriage License Acceptable for ID SB 408 Municipalities: Residency Req. Nonjudicial Offices SB 409 County Officials: Filling of Vacancies in Offices SB 431 Victims of Crime: Certain Assistance SB 508 Voter Registration: Principals: Etc.: School Employees SB 537 Cobb County: Bond Proceeds: Requirements SB 562 Public Safety: Certain Records: Admissible Evidence
SR 367 Gordon County: Convey Property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HB 1901. By Representatives Triplett of the 128th and Pannell of the 122nd:
A bill to amend an Act creating the Chatham Area Transit Authority, so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority; to authorize the Town of Vernonburg to exclude itself from the Chatham Area Transit Authority; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), is amended by striking Section 3.2 in its entirety and inserting in lieu thereof a new Section 3.2 to read as follows:
"Section 3.2. Area served. No area within Chatham County shall be served by the Chatham Area Transit Authority unless it is part of a special district for transit services created by the Board of Commissioners of Chatham County as provided by law and as authorized by Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia. All areas of Chatham County which are included within a special district for transit services shall be served by the transit system of the Authority on a reasonable basis throughout such special district. No provision of this Section 3.2, or of this Act, shall be construed to prohibit contract or charter bus service by the Authority to any area within Chatham County, provided the revenue paid by the contracting or chartering

WEDNESDAY, MARCH 2, 1988

1957

party to the Authority in consideration for any such contract or charter service is not less than the actual cost to the Authority of providing such contract or charter service, including overhead and fixed costs of operation."
Section 2. Said Act is further amended by adding a new Section 3.2A to read as follows:
"3.2A. Notwithstanding any other provision of law, the Town of Vernonburg may exclude itself from any coverage or association with the Chatham Area Transit Authority by a resolution adopted for that purpose within 90 days after the effective date of this Act and approved by a minimum of two-thirds of the town's governing authority. Upon adoption and approval of such resolution and its transmission to the Board of Commissioners of Chatham County, the Town of Vernonburg shall be excluded from the special district for transit services created by the Board of Commissioners of Chatham County."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1903. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city.

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

HB 1906. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court.

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

HB 1907. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the purchases by the board of commissioners.

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

1958

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 1908.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court for serving as 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 1909. By Representatives Alford of the 57th, Athon of the 57th, Oliver of the 53rd, Lawrence of the 49th, Mangum of the 57th and others
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.

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

HB 1910.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for a new charter for the City of Hazelhurst, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such 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 1911.

By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate; 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.

WEDNESDAY, MARCH 2, 1988

1959

HB 1912.

By Representatives Thompson of the 20th, Isakson of the 21st, Gresham of the 21st, Lawler of the 20th, Hensley of the 20th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb 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 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.

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

HB 1914. By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.

The report of the Committee, which was favorable to the passage of the Bill, was 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 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 compensation provisions relating to the judge and the solicitor of the State Court of Baldwin 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.

1960

JOURNAL OF THE HOUSE,

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 Commissioners' 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 670. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to authorize the board of commissioners to lease certain county owned 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 672. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide for meetings of said board; to provide for a quorum for said meetings.

The report of the Committee, which was favorable to the passage of the Bill, was 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 675. By Senator Kidd of the 25th:
A bill to amend an Act creating a new charter for the City of Madison, as amended, so as to change the corporate limits of the city; to provide an effective date.

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

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

WEDNESDAY, MARCH 2, 1988

1961

HB 1904.

By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption and the income limits for qualification for such exemption.

The report of the Committee, which was favorable to the 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 Aiken Alford
Y Alien Athon
Y Atkins Y Bailey
Balkcom Y Bannister
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
Carrell 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
Cummings,M 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
Groover Y Hamilton Y 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
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 Under
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
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 Oliver.M
Y Orrock Padgett
Y Pannell YParham
Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman
Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding
Richardson Y Ricketson
Robinson Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L
Y Smith.P Smith.T
Y Smith,W Smyre
YSnow Y Stancil
Stanley 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
YWare 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, the ayes were 127, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1905. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to increase the amount of the exemption and the income limits for qualification for such exemption.

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

1962

JOURNAL OF THE HOUSE,

Aaron Y Adams.G
Adams ,M Aiken Alford Y Alien
Athon Y Atkins Y Bailey
Balkcom Y Bannister
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 Carrell 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
Cummings.M Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster Galer
Y Godbee Y Goodwin Y Green Y Greene
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
Hudson Y Isakson
Y Jackson,J Y Jackson.W
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
Long YLord
Lucas Y Lupton
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
Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman
Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre YSnow Y Stancil
Stanley 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 Wilder
Y Williams.B Williams ,J
Y Wilson Wood
Y Workman Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

By unanimous consent, all Local Bills passed the House were ordered immediately transmitted to the Senate.

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

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

SB 682. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date.

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.

WEDNESDAY, MARCH 2, 1988

1963

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.

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.

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.

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 preservation of ordinances, bylaws, rules, and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties, and terms of office.

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 chairman of the authority.

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.

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.

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.

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.

1964

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

HB 816. By Representative Redding of the 50th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to authorize doctors of optometry to use trade names in conjunction with the practice of optometry.

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 Annotated, 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 retirement date.

HB 1123.

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

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 Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons.

WEDNESDAY, MARCH 2, 1988

1965

HB 1385.

By Representatives Ray of the 98th, Manner 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.

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 Annotated, 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 content of such reports.

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.

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 proceedings, 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.

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 Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that advertising a telephone number 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 advertisement contains certain information.

HB 1528.

By Representative Pettit of the 19th:
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 documents making anatomical gifts be signed by two witnesses.

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 Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit.

1966

JOURNAL OF THE HOUSE,

HB 1589.

By Representative Dunn of the 73rd:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal 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.

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 Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related services to or for state agencies, state authorities, and other instrumentalities of the state.

HB 1635.

By Representative Lawson of the 9th:
A bill to amend Code Section 9-12-135 of the Official Code of Georgia Annotated, 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.

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.

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 Annotated, 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 Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.

HB 1747.

By Representative Ware of the 77th:
A bill to amend Code Section 33-10-2 of the Official Code of Georgia Annotated, 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.

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.

WEDNESDAY, MARCH 2, 1988

1967

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 Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees.

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

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.

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 Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.

HB 1570.

By Representative Crawford of the 5th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of such permits.

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.

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.

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.

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

1968

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

SR 415. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A resolution creating the Joint Cobb County Study Committee.

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 improvement of certain water service facilities.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution 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.

The Senate has agreed to the House substitute to the following Bills and Resolution of the Senate:

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 provisions 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.

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 Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to ascertainment of the owners of certain motor vehicles; to prohibit the creation of certain liens; to provide for criminal penalties.

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 Annotated, 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 convenient for the exercise of the powers and duties of the board, the commissioner, and the department.

WEDNESDAY, MARCH 2, 1988

1969

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

The Senate has adopted the report of the Committee of Conference on the following Bills of the House and Senate:

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 Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from the application 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.

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 certain nonresident hunting licenses.

SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.
Representative Redding of the 50th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 516. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs, so as to change the provisions relative to such compensation.
On the motion, the roll call was ordered and the vote was as follows:

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

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

N CarreU
N Carter Chambless
N Chance Y Cheeks
N Childers Y Clark.B Y Clark.H
Clark.L Y Colbert N Coleman
N Colwell N Connell

Couch
N Cox N Crawford Y Crosby N Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover
Y Dunn N Edwards

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

1970

JOURNAL OF THE HOUSE,

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

N Lawson N Lee
Y Linder N Long
Lord Lucas Lupton Y Mangum Martin N McCoy
McDonald
N McKelvey N McKinney N Meadows Y Milam
Milford N Mobley Y Moody
Y Moore Y Morton N Mostiler N Moultrie Y Mueiler

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

Y Redding N Richardson
Y Ricketson N Robinson
N Royal N Selman Y Shepard N Sherrod N Simpson
Sinkfield
N Sizemore
Y Smith.L N Smith,?
Smith.T Y Smith,W
Smyre N Snow N Stancil
Y Stanley N Steinberg Y Stephens
Thomas.C Y Thomas.M

On the motion, the ayes were 66, nays 78. The motion was lost.

Y Thompson Y Thurmond
Y Tolbert Townsend
N Triplet! Y Twiggs Y Waddle N Waldrep
Walker.C N Walker.L
N Wall
Ware N Watson N Watts Y White
Y Wilder Y Wilhams.B
Williams.J
Y Wilson Y Wood Y Workman N Yeargin
Murphy.Spkr

Representatives Thompson of the 20th and Wilson of the 20th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following Resolutions of the House were read and adopted:

HR 971. By Representative Sizemore of the 136th: A resolution expressing regret at the passing of Dr. Thomas Bridges Sutton.

HR 972. By Representative Meadows of the 91st: A resolution recognizing and commending Jerry W. Loftin.

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 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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

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

WEDNESDAY, MARCH 2, 1988

1971

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 President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, Broun of the 46th and Barnes of the 33rd.

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

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y 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
Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert

Y Coleman Y Cohvell 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 Y Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin
Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Y Heard Y Hensley Y Herbert
Y Holcomb

Holmes Y Hooks
Y Hudson YIsakson Y Jackson,J
Y Jackson, W 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
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 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
Pettit Y Phillips
Pinks ton Pittman 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
N Shepard Y Sherrod Y Simpson
Sinkfield

On the adoption of the Resolution, the ayes were 143, nays 1.

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

1972

JOURNAL OF THE HOUSE,

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

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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide a definition; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by adding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows:
"31-9-6.1. (a) Except as otherwise provided in this Code section, any person who undergoes any surgical procedure under general anesthesia, spinal anesthesia or major regional anesthesia or any person who undergoes a diagnostic procedure which involves the intravenous injection of a contrast material shall be informed in general terms of the following:
(1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
(2) The nature and purpose of such proposed surgical or diagnostic procedure; (3) The material risks generally recognized and accepted by reasonably prudent physicians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure; (4) The likelihood of success of such proposed surgical or diagnostic procedure; (5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and

WEDNESDAY, MARCH 2, 1988

1973

(6) The prognosis of the patient's condition if such proposed surgical or diagnostic procedure is rejected. (b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent.
(2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent. (c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the responsible physician to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons known by the responsible physician to be knowledgeable and capable of communicating such information; provided, however, that for the purposes of this Code section only, if any employee of a hospital or ambulatory surgical treatment center participates in any such conversations at the request of the responsible physician, such employee shall be considered for such purposes to be solely the agent of the responsible physician. (d) A failure to comply with the requirements of this Code section shall not constitute a separate cause of action but may give rise to an action for medical malpractice as defined in Code Section 9-3-70 and as governed by other provisions of this Code relating to such actions; and any such action shall be brought against the responsible physician or such person or persons responsible for his or her acts, or both, upon a showing that:
(1) That the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure;
(2) That information concerning the injury suffered was not disclosed as required by this Code section; and
(3) That a reasonably prudent patient would have refused the surgical or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnostic procedure if such information had been disclosed; provided, however, that the expert's affidavit required by Code Section 9-11-9.1 shall set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under this Code section. (e) The disclosure of information and the consent provided for in this Code section shall not be required if:
(1) An emergency exists as defined in Code Section 31-9-3;
(2) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved;
(3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code section not be disclosed;
(4) A prior consent complying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the patient's condition; or
(5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent was obtained, and the patient has consented to allow the responsible physician to make the decision concerning such procedure.

1974

JOURNAL OF THE HOUSE,

(f) A prior consent to surgical or diagnostic procedures obtained pursuant to the provisions of this Code section shall be deemed to be valid consent for the responsible physician and all medical personnel under the direct supervision and control of the responsible physician in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the patient's condition.
(g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter specifically including but not limited to the disciplining of a physician who fails to comply with this Code section.
(h) As used in this Code section, the term 'responsible physician' means the physician who performs the procedure or the physician under whose direct orders the procedure is performed by a nonphysician."
Section 2. The Composite State Board of Medical Examiners shall be required to inform all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor.
Section 3. This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawrence of the 49th moves to amend the Committee substitute to SB 367 as follows:
By adding on Lines 14 and 24, Page 5, after the word "consent" the following:
", within ten (10) days of the surgical or diagnostic procedure,".

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adama,M Y Aiken Y Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Bainett,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 N Carter Y Chamblesa 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 Y Cummings.M
Davis.G Y Davis.M
Y Dixon

Y Dobbs Y Dover YDunn
Y Edwards Y Felton N Floyd Y Foster Y Galer
Godbee Y Goodwin N 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 N Jamieson
Johnson,D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D N Lane,R
N Langford Y Lawler
Y Lawrence Y Lawson YLee Y Under
N Long Lord
Y Lucas Y Lupton Y Mangum

Y Martin N McCoy
McDonald
Y McKelvey McKinney
N Meadows Y Milam
N Milford Y Mobley
Moody
N Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell N Parham N Parrish Y Patten Y Peters

WEDNESDAY, MARCH 2, 1988

1975

Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard YRainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom

N Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson N Royal Y Selman N Shepard N Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y 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 Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall

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

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Pettit of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jamieson of the llth stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting 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.

The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Wilson of the 20th stated that he wished to be recorded as voting "nay" on SB 537.

1976

JOURNAL OF THE HOUSE,

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 Senate substitute was read:

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 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 certain 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 conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. 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, 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) 'Continuous service' means active continuous employment in the county school
system interrupted only by a leave duly authorized and granted by the county school system.
(2) '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.
(3) 'County school system' means the local school system of a county. (4) 'Local retirement fund' means a local retirement fund covering teachers employed by a county school system. (5) 'Teacher' means any teacher as defined by paragraph (28) of Code Section 47-3-1 who is employed by a county school system. (6) '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. (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 effective 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

WEDNESDAY, MARCH 2, 1988

1977

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 to another beneficiary of a transferred 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, with the benefit under this retirement system being computed for purposes of this Code section as if the teacher had retired with a retirement allowance determined under Code Section 47-3-120. 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. Until such time as the rate of employee contribution required of all members of the Teachers Retirement System of Georgia shall be increased, 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 would have been required to pay to the local retirement fund had such teacher remained a member of the local retirement fund. In the event that a contribution in excess of such amount shall be required by the Teachers Retirement System of Georgia, such excess contribution shall be made by the county school system; provided, however, that any increase in the rate of employee contribution required of all members of the Teachers Retirement System of Georgia after July 1, 1988, shall be paid for by the transferred teacher. The benefits payable under this subsection shall be made only if the transferred teacher shall have timely paid to the local retirement fund all amounts which such teacher would have paid to such fund, had he or she continued to be a member of such fund, less such amounts as were actually paid to the Teachers Retirement System of Georgia by or on behalf of such teacher.
(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

1978

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 compensation for the fiscal year ending June 30, 1988, of members of local retirement 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 subsection 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 manner 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 preceding 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 manner and shall accrue from July 1, 1988, until the date of payment on the amount determined 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

WEDNESDAY, MARCH 2, 1988

1979

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 Administrative 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 illegal 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 Division 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.

Representative Couch of the 40th moved that the House agree to the Senate substitute to HB 704.
On the motion, the roll call was ordered and the vote was as follows:

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

Birdsong Bishop
Y Bostick Y Branch
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 Y Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox
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
Galer Y Godbee 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
Y Jackson.W Jamieson
Y Johnson.D Y Johnson.R
Kilgore Y Kingston
Y Lane.D Y Lane.R

1980

JOURNAL OF THE HOUSE,

Y Langford Lawler Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney 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
Peters Pettit Y Phillips Pinkston

Y Pittman Y Porter Y Powell
Y Prichard 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

On the motion, the ayes were 139, nays 0. The motion prevailed.

Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,?
Smith.T
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 Ware
Y Watson Y Watts
White Wilder Y Williams.B
Williams,J Y Wilson Y Wood
Workman Y Yeargin
Murphy.Spkr

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 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 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 Senate amendment was read:
Amend HB 1671 by striking the period and quotation marks at the end of line 5 of page 5 and inserting in lieu thereof the following:
"which shall include contracts qualified under Section 403(b) of the United States Internal Revenue Code.'"
Representative Ware of the 77th moved that the House agree to the Senate amendment to HB 1671.
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 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 Y 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
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Banner

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 Lawler Lawrence

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

WEDNESDAY, MARCH 2, 1988

1981

Y Mueller Y Oliver.C
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 Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray
Reaves Y Redding
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 Smith.W Y Smyre Y Snow Y Stancil

On the motion, the ayes were 151, nays 0. The motion prevailed.

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 Wilder
Y Williams.B Williams.J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

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 following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to require certain notice for certain sales under tax executions; to provide a date for the expiration of the redemption period for realty sold under tax execution before April 22, 1981; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by striking subsection (a) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in its place a new subsection (a) to read as follows:
"(a) If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales ; provided, however, that in addition to such other notice as may be required by law, in any sale under tax execution under this chapter the defendant shall be given ten days' written notice of such sale by registered mail to the last known address as listed in the records of the tax commissioner of said county."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 48-4-20, relating to authority of counties to buy property sold under tax executions, and inserting in its place a new subsection (c) to read as follows:
"(c) The 12 months' redemption period allowed under this chapter for the redemption of realty sold under a tax execution shall begin to run from the date of the sale] provided, however, that the redemption period for any realty sold under a tax execution before April 22, 1981, shall expire on December 31^ 1988."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Stephens of the 68th moved that the House agree to the Senate substitute to HB 1674.
On the motion, the roll call was ordered and the vote was as follows:

1982

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
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 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
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 Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence
Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y 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 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
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 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 motion, the ayes were 159, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change certain provisions relating to meetings of the board; to change certain provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. The board shall meet at least twice a month at 7:00 P. M. on the second and fourth Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meeting will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further,

WEDNESDAY, MARCH 2, 1988

1983

no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect."
Section 2. Said Act is further amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that such annual salary shall not be less than $34,280.64. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,000.00 per annum, payable in equal monthly installments from county funds. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year payable in equal monthly installments from county funds."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Milford of the 13th moved that the House disagree to the Senate substitute to HB 1873.
The motion prevailed.

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 Annotated, relating to definitions regarding employee records checks for daycare centers, so as to change a definition.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change a definition; to change certain provisions relating to applicability of the "Georgia Administrative Procedure Act"; to provide for certain powers and duties of hearing officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by striking paragraph (3) of Code Section 49-5-60, relating to definitions regarding employee records checks, which reads as follows:
"(3) 'Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; a violation of Code Section 16-5-70, relating to cruelty to children; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another

1984

JOURNAL OF THE HOUSE,

jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph.", and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph."
Section 2. Said article is further amended by striking Code Section 49-5-73, relating to applicability of the "Georgia Administrative Procedure Act," and inserting in its place a new Code Section 49-5-73 to read as follows:
"49-5-73. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his discretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Benn of the 38th moved that the House agree to the Senate substitute to HB 1216.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Crosby
Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon N Dobbs Y Dover
Y Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin

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

Y Lane.R
Y Langford Lawler
Y Lawrence Y Lawson
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

WEDNESDAY, MARCH 2, 1988

Y Moody Y Moore Y Morton
YMostiler YMoultrie YMueller YOliver.C Y Oliver.M
Orrock YPadgett YPannell YParham
YParrish
Y Patten Y Peters

Y Pettit Phillips Pinkston
Y Pittman Y Porter Y Powell YPrichard Y Rainey Y Ramsey.T YRamsey.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 Sinkfleld Y Sizemore Y Smith.L Y Smith,P
Smith.T
Y Smith.W Y Smyre

Y Snow 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

On the motion, the ayes were 156, nays 1. The motion prevailed.

1985
Y Wa ker.L Y Wall Y Ware Y Watson Y Watts
White Wi der Y Wilhams.B WiUiamS,J Y Wilson Y Wood Y Workman Y Yeargm Murphy.Spkr

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 Senate amendment was read:

Amend HR 746 by adding a new section on Page 3, line 23, to read as follows:
"(10) Funding participation in the project by local governments participating shall come from revenue sources other than ad valorem taxes."

Representative Lee of the 72nd moved that the House disagree to the Senate amendment to HR 746.
The motion prevailed.

Representative Couch of the 40th moved that the House reconsider its action in disagreeing to the Senate amendment to HR 746.
The motion was lost.

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 following Senate substitute was read:

A BILL
To amend an Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, 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; to limit the amount of such allowance and the period in which such allowance will be effective; to provide for the reimbursement of members for certain expenses incurred by members outside of Columbia County; to change the provisions relating to meetings of the

1986

JOURNAL OF THE HOUSE,

board; to change the provisions relating to the powers and duties of the board of commissioners; to change the provisions relating to the powers and duties of the chairman of the board of commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners for Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, is amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The chairman of the board of commissioners of Columbia County, Georgia, shall receive an annual salary of $7,500.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, the chairman shall receive an annual salary of $10,500.00, payable in equal monthly installments from county funds. Each of the other members of said board shall receive an annual salary of $3,600.00, payable in equal monthly installments from county funds; provided, however, that on and after January 1, 1989, each of the other members of said board shall receive an annual salary of $6,500.00, payable in equal monthly installments from county funds.
(2) In addition to the compensation provided for in paragraph (1) of this subsection, the chairman and each other member of the board of commissioners shall be entitled to receive from the effective date of this Act through December 31, 1988, an allowance in an amount of $250.00 per month, payable from county funds. Such allowance shall enable the chairman and other members of the board to carry out their duties and responsibilities. Notwithstanding any other provisions of this paragraph, the allowance provided for in this paragraph shall not be paid unless the board of commissioners adopts a resolution providing for such allowance.
(3) On and after January 1, 1989, the members of the board of commissioners shall be entitled to reimbursement for actual expenses incurred by members of the board outside of Columbia County in carrying out official county business, provided such expenses are approved by the board."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Said board of commissioners of Columbia County shall meet at the courthouse in said county on the first Tuesday of each month and at the governmental office complex on the third Tuesday of each month; provided, however, that the said board shall meet at such other times as determined by the chairman or a majority of said board of commissioners."
Section 3. Said Act is further amended by striking in its entirety subsection (e) of Section 9 and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) To be solely responsible for employing the various department heads, including, but not being limited to, a comptroller, clerk of the board of commissioners, director of public works or county engineer, or both, planning and zoning administrator, superintendent of the water and sewerage department, and such other department heads as may be necessary from time to time. Said board of commissioners may delegate the hiring of other county employees to the respective department heads."
Section 4. Said Act is further amended by striking in its entirety subsection (b) of Section 10 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Cause the clerk of the board of commissioners or such other department head so designated by the board of commissioners to keep accurate minutes and records of each meeting of the board and cause same to be bound and kept in a permanent form."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 83rd moved that the House agree to the Senate substitute to HB 1791.

WEDNESDAY, MARCH 2, 1988

1987

On the motion the ayes were 120, nays 0. The motion prevailed.

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

HB 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 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.

The following report of the Committee of Conference was read:

COMMITTEE OP CONFERENCE REPORT ON HB 1495

The Committee of Conference on HB 1495 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1495 be adopted.

Respectfully submitted,

FOR THE SENATE: /a/ Harrill L. Dawkins
Senator, 45th District
kl Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ lommy Chambless Representative, 133rd District
/s/ Denmark A. Groover, Jr. Representative, 99th District

/a/ Mark Taylor Senator, 12th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

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.

1988

JOURNAL OF THE HOUSE,

(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 persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, 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 intoxication, 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 the 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 provided 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 identification 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 in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages."
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.
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 Chambless of the 133rd moved that the House adopt the report of the Committee of Conference on HB 1495.
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 v 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
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 N Cox
Y Crawford Y Crosby
Y Cummings.B

Cummings.M Y Davia.G Y Davis.M
Y Dixon
Y Dobbs Dover
Y Dunn Y Edwards
Y Felton
Floyd
Y Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Y Groover Y Hamilton
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
Lane.D Y Lane.R
Y Langford Lawler
Y Lawrence

Lawson Y Lee Y Under
Y Long
Y Lord Y Lucas
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

WEDNESDAY, MARCH 2, 1988

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 Y 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 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

On the motion, the ayes were 153, nays 1. The motion prevailed.

1989
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

Representative Steinberg of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

Representative Crawford of the 5th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1350 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 Crawford of the 5th, Cox of the 141st and Bannister of the 62nd.

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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 396 Do Pass, by Substitute
Respectfully submitted, /s/ Adams of the 36th
Chairman

1990

JOURNAL OF THE HOUSE,

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

SB 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 Annotated, 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 document.

The report 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.

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.

The report 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 11.
The Bill, having received the requisite constitutional majority, was passed.

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 Compensation Board and for the appointment and compensation of its members.

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

Y Branch Y Brooks
Y Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter
Chambless Y Chance

Y Cheeks Y Childers
Y Claik,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
Dixon
Y Dobbs Y Dover

WEDNESDAY, MARCH 2, 1988

1991

Dunn Y Edwards Y Felton Y Floyd Y Poster
YGaler YGodbee Y Goodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Banner
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 Jamieaon Y Johnson,D Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson
Lee Y Linder YLong
Lord Lucas Y Lupton Y Mangum
Y 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 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
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 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 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, 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 removing the requirement that a change of address be made under oath.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 21-2-240 of the Official Code of Georgia Annotated, 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 removing the requirement that a change of address be made under oath; 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 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon the change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing;

1992

JOURNAL OF THE HOUSE,

tawler ath; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election."
Section 2. Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its entirety Code Section 21-3-140, relating to the procedure upon change of residence of an elector, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows:
"21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing^ tmdef eath; and the board shall place such person's name on the proper list of electors. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron 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 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
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
Dover Y 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 Hanner

Y Harris Y Hasty
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y laakson 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 N Lawrence Y Lawson
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 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
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
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

WEDNESDAY, MARCH 2, 1988

1993

YWalker.C Y Walker.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 passage of the Bill, by substitute, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 572. By Representative Aaron of the 56th:

A RESOLUTION
Creating the Homeless Children and Street Prostitution Study Committee; and for other purposes.
WHEREAS, there are homeless minors living on the streets of major urban centers in this state without adequate food, shelter, health care, or financial support; and
WHEREAS, many of these homeless youth in these urban centers come from out-ofcity or out-of-county locations; and
WHEREAS, the homeless child, in many instances, has a history of physical or sexual abuse at home and of having been rejected or forced out of the parental home; and
WHEREAS, while living on the streets, these youth fall prey to drug abuse, prostitution, and other illegal activities; and
WHEREAS, a certain segment of society perpetuates the problems of these homeless children by taking advantage of these children for sexual gratification; and
WHEREAS, local public agencies are unable to provide these youth with an adequate level or range of remedial services; and
WHEREAS, these homeless children who engage in prostitution are urgently in need of specialized services to locate them, to assist them with their immediate survival needs, and to address their long-term need to reunite with their parents or find a suitable home.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Homeless Children and Street Prostitution 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 conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.

The following amendment was read and adopted:

1994

JOURNAL OF THE HOUSE,

The Committee on Rules moves to amend HR 572 by striking "ten" on line 25 of page 2 and insert "five".

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

Y Aaron 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 YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrel! 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 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 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
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 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 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 Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware Watson 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, as amended, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 register to vote persons employed by the 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:

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 Y Beck

WEDNESDAY, MARCH 2, 1988

1995

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
Coleman
Colwell
Y Connell
Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon

Dobbs 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 Banner
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 Jamieaon
Y Johnson.D
Y Johnson.R

Y Kilgore Y Kingston
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 Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver.M
Orrock

Y Padgett 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
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 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
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams,J Y Wilson
YWood
Y Workman Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

1996

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 974. By Representative Reaves of the 147th: A resolution commending the Georgia Christian School Generals basketball team.
HR 975. By Representatives Triplett of the 128th, Johnson of the 123rd, Hamilton of the 124th, Kingston of the 125th, Alien of the 127th and others: A resolution expressing sympathy at the passing of Benjamin M. Garfunkel.
HR 976. By Representatives Steinberg of the 46th, Walker of the 115th, Chambless of the 133rd, Isakson of the 21st, Gresham of the 21st and others: A resolution commending Stanley M. Weiss, Sr.
HR 977. By Representatives Lawler of the 20th, Redding of the 50th and Wilder of the 21st: A resolution urging the governing authority of each county and municipal corporation of this state to display the prisoner of war and missing in action flag.
HR 978. By Representatives Shepard of the 71st, Wood of the 9th, Clark of the 20th, Wall of the 61st, Wilder of the 21st and Linder of the 44th: A resolution expressing support for HR 303, now pending in the United States House of Representatives.
HR 979. By Representatives Reaves of the 147th, Sherrod of the 143rd, Branch of the 137th, Greene of the 130th, Pittman of the 60th and others: A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia tobacco during the 1988 tobacco marketing season.
HR 980. By Representative Rainey of the 135th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.
HR 981. By Representative Carter of the 146th: A resolution congratulating Mr. and Mrs. Louis Everett Carter.
HR 982. By Representatives Sinkfield of the 37th, Smyre of the 92nd, Thomas of the 31st, Johnson of the 123rd and Lucas of the 102nd: A resolution commending Bishop Frederick Hilborn Talbot.
HR 983. By Representative Mobley of the 64th: A resolution commending Mr. James A. Means.

WEDNESDAY, MARCH 2, 1988

1997

HR 984. By Representative Mobley of the 64th: A resolution commending Mrs. Sara Pope.

HR 985. By Representative Mobley of the 64th: A resolution commending Mr. Berkley Ruiz.

HR 986. By Representatives Dover of the llth, Ramsey of the 155th and Smith of the 156th:
A resolution commending Rachel Elizabeth Matthews.

HR 987. By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution commending Mr. Brady Keys, Jr.

HR 988. By Representatives Smith of the 78th, Yeargin of the 14th, Jamieson of the llth, Aaron of the 56th, Bargeron of the 108th and others:
A resolution commending Ms. Lynda Nations.

HR 989. By Representative Dunn of the 73rd:
A resolution commending the Mount Vernon Christian School Crusaders Varsity Basketball Team.

HR 990. By Representative Dunn of the 73rd:
A resolution commending the Mount Vernon Christian School Crusaders Junior Varsity Basketball Team.

HR 991. By Representative Dunn of the 73rd: A resolution commending Shawn Watson.

HR 992. By Representatives Steinberg of the 46th, Oliver of the 53rd, Isakson of the 21st, Gresham of the 21st, Lawler of the 20th and Walker of the 115th:
A resolution commending Leslie Jablow.

HR 993. By Representative Chance of the 129th:
A resolution commending Effingham County High School Academic Decathlon Team.

HR 994. By Representatives Dover of the llth and Jamieson of the llth: A resolution commending Honorable Ed Head.

HR 995. By Representative Smith of the 152nd: A resolution honoring Reverend George W. Thomas.

HR 996. By Representatives McDonald of the 12th, Murphy of the 18th and Lee of the 72nd:
A resolution commending Mr. Abe Domain.

1998

JOURNAL OF THE HOUSE,

HR 997. By Representative Barnett of the 10th: A resolution commending Michael M. Eason.

HR 998. By Representative Carter of the 146th: A resolution congratulating Mr. and Mrs. Howard Carlton Vickers.

HR 999. By Representative Lawler of the 20th: A resolution recognizing and honoring Mr. Glynn Mathis.

HR 1000. By Representatives Barnett of the 59th and Bannister of the 62nd: A resolution commending the police department of the City of Lilburn.

HR 1001.

By Representatives Clark of the 20th, Aiken of the 21st, Gresham of the 21st, Atkins of the 21st, Wilder of the 21st and others:
A resolution commending Cobb Beautiful Roadways and the Cobb Clean Commission.

HR 1002. By Representative Chance of the 129th: A resolution commending Scott Mitchell.

HR 1003. By Representatives Peters of the 2nd, Colwell of the 4th, Murphy of the 18th, Jackson of the 9th, Wood of the 9th and others:
A resolution expressing tribute to Honorable Forest Hays, Jr.

HR 1004. By Representative Murphy of the 18th: A resolution expressing tribute to Honorable L. L. "Pete" Phillips.

HR 1005. By Representative Isakson of the 21st: A resolution commending Mr. John A. Gerring.

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 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 Annotated, 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 Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

WEDNESDAY, MARCH 2, 1988

1999

HB 1035.

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

The President has appointed on the part of the Senate the following: Senators Fincher of the 54th, Dean of the 31st and Tysinger of the 41st.

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 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the marking of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the marking of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, is amended by adding a new Code Section to the end of said chapter to read as follows:
"31-1-7. (a) Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed in Georgia shall, upon the request of the patient, be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist.
(b) If, in the professional judgment of the dentist, this marking is not practicable, the marking shall be as follows:
(1) The initials of the patient may be shown if the use of the full name or social security number is impossible; or
(2) The marking may be omitted entirely if none of the markings so specified are practical or clinically safe. (c) Any removable dental prosthesis in existence prior to July 1, 1988, shall be marked in accordance with this Code section at the time of any subsequent rebasing."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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 Annotated, 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.

Representative Benn of the 38th moved that the House recede from its position in disagreeing to the Senate substitute to HB 430.
The motion prevailed.

The following amendment was read and adopted:

Representative Benn of the 38th moves to amend the Senate substitute to HB 430 by striking from line 18 of page 2, line 30 of page 3, line 9 of page 4, line 14 of page 7, line 34 of page 10, line 5 of page 11, line 12 of page 11, line 16 of page 11, and line 25 of page 11 the following:
"handicap,".
By striking from lines 32 through 35 of page 21 the following:
"Should the plaintiff not prevail and a defendant's verdict is rendered, the plaintiff shall, as provided in Code Section 9-15-14, be assessed costs and attorney's fees of the defendant."
By striking from lines 25 through 27 of page 22 the following:
"Nothing within this article shall be construed to require the modification of an existing dwelling for the purpose of further accommodating handicapped persons."

Representative Benn of the 38th moved that the House agree to the Senate substitute, as amended by the House, to HB 430.
On the motion the ayes were 106, nays 4.
The motion prevailed.

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

SB 100. By Senators Crumbley of the 17th, Starr of the 44th and Howard of the 42nd:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

WEDNESDAY, MARCH 2, 1988

2001

The following Committee substitute was read and adopted:

A BILL
To provide for pretrial review proceedings in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to differentiate from other appeals the procedures for review and appeal of the judgments, rulings, and orders in pretrial proceedings in cases in which the death penalty is sought; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for computation of elapsed terms following a demand for trial in a case in which the death penalty is sought; to provide for a discretionary pretrial review by the Supreme Court of death penalty cases; to provide exceptions; to provide for reports by the trial judge and the parties; to provide for applications for appeals; to provide for duties of the clerk of superior court; to provide for practice and procedure; to provide for promulgation of rules by the Supreme Court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended in Code Section 5-6-34, relating to appealable judgments and rulings, by striking subsection (c) of said Code section and inserting in its place new subsections (c) and (d) to read as follows:
"(c) In criminal cases involving a capital offense for which the death penalty is sought, review of pretrial proceedings shall be exclusively as provided in Code Section 17-10-35.1; and no certificate of immediate review shall be issued in any such case.
{e> (d) Where an appeal is taken under any provision of subsection (a) or 2 (b); or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in subsection {a} ef {b} ef this Code section, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erroneous. Nothing in this subsection shall require the appellate court to pass upon questions which are rendered moot."
Section 2. Said article is further amended by adding at the end of Code Section 5-6-38, relating to the time of filing a notice of appeal and cross appeal, a new subsection (c) to read as follows:
"(c) Notwithstanding subsection (a) of this Code section, where either the state or the defendant wishes to appeal any judgment, ruling, or order in the pretrial proceedings of a criminal case involving a capital offense for which the death penalty is sought, such appeal shall be brought as provided in Code Section 17-10-35.1."
Section 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of Code Section 17-7-171, relating to the time when a demand for trial is to be made by the defendant in a capital felony case, a new subsection, to be designated subsection (c), to read as follows:
"(c) In cases involving a capital offense for which the death penalty is sought, if a demand for trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1."

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Section 4. Said title is further amended by inserting immediately following Code Section 17-10-35 new Code sections, to be designated Code Sections 17-10-35.1 and 17-10-35.2, to read as follows:
"17-10-35.1. (a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court unless the procedure provided in this Code section is obviated by the trial judge pursuant to Code Section 17-10-35.2. The review shall be initiated by the trial judge's filing in the office of the clerk of superior court and delivering to the parties a report certifying that all pretrial proceedings in the case have been completed and that the case stands ready for trial. Within ten days after the filing of the report or the receipt of transcripts of the proceedings, whichever is later, the prosecutor and the defendant may each file with the clerk of superior court and serve upon the opposing party a report identifying all areas of the pretrial proceedings with respect to which reversible error may arguably have occurred. Either party may consolidate with such report an application for appeal with respect to any order, decision, or judgment entered in the case. Any such application for appeal shall be in the form otherwise appropriate under subsection (b) of Code Section 5-6-34, but:
(1) Any such application for appeal shall be filed with the clerk of superior court rather than the clerk of the Supreme Court;
(2) The opposing party shall not be required or permitted to respond to such an application for appeal; and
(3) No certificate of immediate review shall be required for the filing of such application for appeal. (b) The reports of the trial judge, prosecutor, and defendant under subsection (a) of this Code section shall be in the form of standard questionnaires prepared and supplied by the Supreme Court. Such questionnaires shall be designed to determine whether there is arguably any existence of reversible error with respect to any of the following matters:
(1) Any proceedings with respect to change of venue; (2) Any proceedings with respect to recusal of the trial judge; (3) Any challenge to the jury array; (4) Any motion to suppress evidence; (5) Any motion for psychiatric or other medical evaluation; and (6) Any other matter deemed appropriate by the Supreme Court.
(c) Upon the filing of the reports of the parties, the clerk of superior court shall transmit to the Supreme Court the report of the trial judge, the transcripts of proceedings, and the reports of the parties together with any application for appeal consolidated therewith. A copy of all of the foregoing shall also be delivered by the clerk of superior court to the Attorney General.
(d) The Supreme Court shall issue an order granting review of the pretrial proceedings, or portions thereof, or denying review within 20 days of the date on which the case was received. The order of the Supreme Court shall identify the matters which shall be subject to review, and such matters may include, but need not be limited to, any matters called to the court's attention in any of the reports or in any application for appeal. No notice of appeal shall be required to be filed if review of the pretrial proceedings is granted. An order granting review of pretrial proceedings shall specify the period of time within which each party shall file briefs and reply briefs with respect to the matters identified in the Supreme Court's order granting review. The Supreme Court may order oral argument or may render a decision on the record and the briefs.
(e) If requested by the district attorney, the Attorney General shall assist in the review and appeal provided for in this Code section.
(f) Review of any matter under this Code section shall, as to any question passed on in such review, be res judicata as to such question and shall be deemed to be the law of the case.
(g) The procedure under this Code section shall not apply to any ruling or order made, invoked, or sought subsequent to the filing of the report of the trial judge.
(h) The failure of either party to assert the rights given in this Code section, or the failure of the Supreme Court to grant review, shall not waive the right to posttrial

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2003

review of any question review of which could be sought under this Code section and shall not constitute an adjudication as to such question.
17-10-35.2. The pretrial review procedure provided for in Code Section 17-10-35.1 may be obviated by the entry of an order by the trial court stating that the delay which would result from the pretrial review outweighs the benefit of an early appellate determination with respect to any arguable existence of reversible error in the pretrial proceedings. Before entering such an order, the court shall provide the state and defense counsel with an opportunity for a hearing as to the need for pretrial appellate review and on the issue of whether the ends of justice will be served by pretrial appellate review."
Section 5. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 17-10-36, relating to the establishment of a unified review procedure in death penalty cases, and inserting in their place new subsections (a) and (b) to read as follows:
"(a) The Supreme Court of Georgia shall establish, by rules, a new unified motion for review procedure to provide for the presentation to the sentencing court and to the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed, which challenges before March 30; 1080, July 1^ 1988 have been presented for review by motion
otncp writ, motion, OF proceeding co^nizfloie tft the COUPts OT ttt.18 stfliCj except ft ciflim er proceeding challenging the competency ef counacl the former unified review procedure under this subsection. Such new unified review procedure shall govern both pretrial and posttrial appellate review of death penalty cases.
(b) The Supreme Court shall establish, by rules, a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought, to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, if the defendant is convicted tfftA the sentence ef death is imposed for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a unified review by the sentencing court and the Supreme Court of all possible challenges to the trial, judgment ef conviction, sentence ef death, and the detention of the defendant."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 100 was ordered immediately transmitted to the Senate.

SB 409. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, 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 suveyor; the filling of vacancies in the office of coroner; the filling of vacancies in the offices of tax receiver, collector, or commissioner.

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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 ayes were 106, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally; to provide for a short title; to provide for applicability; to provide for enforcement of agreements to arbitrate without regard to justiciability of the controversy; to change certain provisions relative to venue; to provide for orders of attachment and preliminary injunctions under certain circumstances; to provide for court discretion in applying bar of limitation of time; to provide for waiver of limitation of time; to provide for time for asserting limitation of time as bar; to provide procedures for applications to compel arbitration; to change certain requirements in the appointment of arbitrators; to eliminate the requirement of an oath for arbitrators; to remove the authority of the court to override the arbitrators' selection of location for hearings; to provide time for asserting right to an attorney; to provide that such right to an attorney may not be waived; to provide for service on attorney for party; to provide for authority of arbitrators; to remove authority of court to deny enforcement of arbitrators' subpoenas; to provide authority for parties to obtain certain information; to provide procedures relative to the time for award; to change the times for applications for vacation and modification of awards; to change certain procedures and grounds for such applications; to provide that arbitrations be enforced as other judgments or decrees; to remove authority of court to reduce or disallow expenses; to provide for affect of death or incompetency of a party in arbitration; to provide for consolidation of arbitration proceedings; to provide for arbitration of international disputes; to provide for applicability; to provide for procedures; to provide for arbitrators; to provide for authority of arbitrators; to provide for selection of law governing arbitration; to provide for experts; to provide for confirmation or vacation of awards; to provide for enforcement of awards; to provide for time limitations; to repeal specifically Article 1 and Parts 1, 2, and 3 of Article 2 of said chapter; to provide for redesignation of certain provisions; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, is amended by striking Article 1 of said chapter, relating to common-law arbitration in its entirety, and inserting in lieu thereof a new Part 1 of Article 1 to read as follows:
"ARTICLE 1 Part 1
9-0-80 9-9-1. This part shall be known and may be cited as the 'Georgia Arbitration Code for Construction Contracts.'

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2005

Q-9-81 9-9-2. (a) This part Part 3 of Article 2 of this chapter, as it existed prior to July lj 1987, applies eftly to agreements specified in subsection (b) of this Code section made subsequent te between July 1, 1978Z and July lj 1987. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1^ 1987, and to disputes arising on or after July 1^ 1987, in agreements specified in subsection (c) of this Code section.
(b) This part Part 3 of Article 2 of this chapter, as it existed prior to July _!, 1987, shall apply eniy to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1^ 1978, and July l^ 1987, and on and after July 1^ 1987, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced.
(c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
(1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims;
(2) Any collective bargaining agreements between employers and labor unions representing employees of such employers;
(3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods, as defined in Title 11, the 'Uniform Commercial Code,' under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975'; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; or (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. 9-9-82 9-9-3. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. 9-9-84 9-9-4. (a) (1) Any application to the court under this part shall be made to the superior court of the county where venue lies, unless the application is made in a pending court action, in which case it shall be made to the court hearing that action. Subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs. (2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the motion shall be filed in the same manner as a complaint in a civil action,
(b) Venue for applications to the court shall lie:
(1) In the county where the agreement provides for the arbitration hearing to be held; or
(2) If the hearing has already been held, in the county where it was held; or
(3) In the county where any party resides or does business^ or
(4) If there is no county as described in paragraph (1), (2), or (3) of this subsection, in any county.

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(c) (1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested.
(2) The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title.
(3) All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title. (d) In determining any matter arising under this part, the court shall not consider whether the claim with respect to which arbitration is sought is tenable nor otherwise pass upon the merits of the dispute. (e) The superior court in the county in which an arbitration is pending, or, if not yet commenced, in a county specified in subsection (b) of this Code section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief. 0-0-86 9-9-5. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The
court has discretion in deciding whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by
that party's participation in the arbitration. (b) Failure to make this application to the court shall not preclude a party from
asserting before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of
discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for
vacating or modifying an award.
0-0-86 9-9-6. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue
concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court
shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and,
accordingly, grant or deny the application for an order to arbitrate. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear
a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent
action, or so much of it as is referable to arbitration.
{d} (b) Subject to subsections {b} (c) and {e} (dj of this Code section, a party who has not participated in the arbitration and who has not made an application to compel
arbitration may apply to stay arbitration on the grounds that: (1) No valid agreement to submit to arbitration was made;
(2) The agreement to arbitrate was not complied with; or (3) The arbitration is barred by limitation of time. fb) (c) A party may serve upon another party a demand for arbitration. This demand
shall specify: (1) The agreement pursuant to which arbitration is sought;
(2) The name and address of the party serving the demand; (3) That the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time
as a bar in court unless he makes application to the court within 30 days for an order
to stay arbitration; and (4) The nature of the dispute or controversy sought to be arbitrated; provided,
however, that the demand for arbitration may be amended by either party to include
disputes arising under the same agreement after the original demand is served. {e} (d) After service of the demand, or any amendment thereof, the party served
must make application within 30 days to the court for a stay of arbitration or he will

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2007

thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Code section.
(e) Unless otherwise provided in the arbitration agreement, a party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when:
(1) Separate arbitration agreements or proceedings exist between the same parties or one party is a party to a separate arbitration agreement or proceeding with a third party;
(2) The disputes arise from the same transactions or series of related transactions; and
(3) There is a common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators. (f) If all the applicable arbitration agreements name the same arbitrator, arbitration panel, or arbitration tribunal, the court, if it orders consolidation under subsection (e) of this Code section, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation under subsection (e) of this Code section, shall, in the absence of an agreed method of selection by all parties to the consolidated arbitration, appoint an arbitrator. (g) In the event that the arbitration agreements in proceedings consolidated under subsection (e) of this Code section contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of various parties. (h) If the court orders consolidation under subsection (e) of this Code section, the court may exercise its discretion to deny consolidation of separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings. 0-0-87 9-9-7. (a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there is only one arbitrator, the term 'arbitrators' shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if:
(1) The agreement does not provide for a method of appointment; (2) The agreed method fails; (3) The agreed method is not followed for any reason; or
(4) The arbitrators fail to act and no successors have been appointed.
(c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement, fe appointing arbitrators under inis part, tfic court snail SCCK to appoint persons naving general Knowledge and experience as te the type ef dispute tat controversy te be arbitrated.
0-0-88 9-9-8. {a) Before hearing any testimony, the arbitrators shall be swern by an officer authorized te administer oaths te hear and decide the controversy faithfully andtairiy.
{b) (a) Notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is te be held, the The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail, not less than ten days before the hearing. Upon application of any party, if the court finds that the place for the hearing appointed by the arbitrators is unduly burdenseme en any party, the court may stay the proceedings pending appointment ef-an alternative place for the hearing fey the arbitrators. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
{e} (b) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear.

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{d} (c) A party has the right to be represented by an attorney at any proceeding er hearing under this part and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. A waiver ef tfeis right prier te the proceeding er hearing is ineffective. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.
{e} (d) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
{f-} (e) The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. Any The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
{g} (f) Except as provided in subsection (d) (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection.
Q-0-80 9-9-9. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These
subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action^ provided that the court shall net enforce subpoenas in the
event that it determines that the effect ef the subpoenas would %e unduly burdensome of oppressive to ftny pflrty of person.
(b) Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators.
(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
4e) (d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts.
9-0-90 9-9-10. (a) The award shall be in writing and signed by the arbitrators join-
ing in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement.
(b) Unless otherwise provided by the agreement, the award shall be made An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within
30 days following the close of the hearing or within such time as the court orders. The
parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he
notifies in writing the arbitrators of his objection prior to the delivery of the award to him.
0-9-91 9-9-11. (a) Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the award upon the following grounds:
(1) There was a miscalculation of figures or a mistake in the description of any
person, thing, or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the
award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) (1) An application to the arbitrators for a change in the award shall be made by a party within 20 days after delivery of the award to the applicant. Written notice
of this application shall be served upon the other parties. (2) Objection to a change in the award by the arbitrators must be made in writing
to the arbitrators within ten days of service of the application to change. Written
notice of this objection shall be served upon the other parties. (3) The arbitrators shall dispose of any application made under this Code section
in a written, signed order within 30 days after service upon them of objection to

WEDNESDAY, MARCH 2, 1988

2009

change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration.
(4) An award changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of awards by the court. 0 9-02 9-9-12. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this part. 0-0-03 9-9-13. (a) An application to vacate an award shall be made to the court within 30 days three months after delivery of a copy of the award to the applicant. (b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by:
(1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or (4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection. (c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that: (1) The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section; (2) A valid agreement to arbitrate was not made; (3) The agreement to arbitrate has not been complied with; or (4) The arbitrated claim was barred by limitation of time, as provided by this part. (d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. {d} (e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part. 9'0-04 9-9-14. (a) An application to modify the award shall be made to the court within 30 days three months after delivery of a copy of the award to the applicant. (b) The court shall modify the award if: (1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; (2) The arbitrators awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a manner of form, not affecting the merits of the controversy.
(c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators.
Q-Q-Q6 9-9-15. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judgment or decree.
(b) The judgment roll shall consist of the following:
(1) The agreement and each written extension of time within which to make the award;

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(2) The award; (3) A copy of the order confirming, modifying, or correcting the award; and (4) A copy of the judgment. 0-0-06 9-9-16. Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5. 0-0-07 9-9-17. {a} Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. {b) Upon application, the court may reduce or disallow any fees er expenses it finds excessive er ay allocate them as justice requires. 9-9-18. Where a party dies or becomes incompetent after making a written agreement to arbitrate, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or trustee or guardian or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict."
Section 2. Said chapter is further amended by adding a new Part 2 of Article 1 to read as follows:
"Part 2
9-9-30. In order to encourage the use of arbitration in the resolution of conflicts arising out of international transactions effectuating the policy of the state to provide a conducive environment for international business and trade, this part supplements Part I of this article and shall be used concurrently with the provisions of Part 1 of this article whenever an arbitration is within the scope of this part.
9-9-31. (a) This part shall apply to arbitrations within its scope notwithstanding provisions in Part 1 of this article to the contrary.
(b) This part shall apply only to the arbitration of disputes between: (1) Two or more persons at least one of whom is domiciled or established outside
the United States; or (2) Two or more persons all of whom are domiciled or established in the United
States if the dispute bears some relation to property, contractual performance, investment, or other activity outside the United States. (c) Notwithstanding the provisions of subsection (b) of this Code section, this part shall not apply to the arbitration of any of the exceptions set forth in Part 1 of this article. 9-9-32. For purposes of this part, in particular, an agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams, or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement, provided that the contract is in writing and the reference is such as to make that clause part of the contract. 9-9-33. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. 9-9-34. The arbitrators may rule on their own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrators that the contract is null and void shall not thereby invalidate the arbitration clause. 9-9-35. The arbitrators may grant such interim relief as they consider appropriate and, in so doing, may require a party to post bond or give other security. The power conferred in this Code section upon the arbitrators is without prejudice to the right of

WEDNESDAY, MARCH 2, 1988

2011

a party to request interim relief directly from any court, tribunal, or other governmental authority, inside or outside this state, and to do so without prior authorization of the arbitrators.
9-9-36. Selection of this state as the place of arbitration shall not in itself constitute selection of the procedural or substantive law of that place as the law governing the arbitration.
9-9-37. (a) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitrators shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitrators.
(b) The arbitrators may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitrators.
9-9-38. (a) Unless otherwise agreed by the parties, the arbitrators:
(1) May appoint one or more experts to report on specific issues to be determined by the arbitrators; and
(2) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for his inspection.
(b) Unless otherwise agreed by the parties, if a party so requests or if the arbitrators consider it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.
9-9-39. (a) A written statement of the reasons for an award shall be issued jf the parties agree to the issuance thereof or the arbitrators determine that a failure to do so could prejudice recognition or enforcement of the award.
(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitrators to give an interpretation of a specific point or part of the award. The interpretation shall form part of the award.
(c) The arbitrators may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.
9-9-40. The courts of this state shall confirm or vacate a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars.
9-9-41. If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall confirm or vacate the award without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into judgment.
9-9-42. An arbitration award irrespective of where it was made, on the basis of reciprocity, shall be recognized as binding and shall be enforceable in the courts of this state subject to the grounds for vacating an award under Part 1^ of this article and providing that the award is not contrary to the public policy of this state with respect to international transactions. Reciprocity in the recognition and enforcement of foreign arbitral awards shall be in accordance with applicable federal laws, international conventions, and treaties.
9-9-43. For arbitrations arising under this part, time periods set forth in the following Code sections of Part 1 of this article shall be modified as follows:
(1) The time periods referred to in subsections (c) and (d) of Code Section 9-9-6 and in Code Section 9-9-11 shall be doubled;
(2) The time period contained in subsection (b) of Code Section 9-9-10 shall not be applicable; and
(3) The ten-day time period in subsection (a) of Code Section 9-9-8 shall be 30 days. "

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Section 3. Said chapter is further amended by striking existing Parts 1, 2, and 3 of Article 2 and by redesignating Code Sections 9-9-110 through 9-9-133 of existing Part 4 of Article 2 as Code Sections 9-9-60 through 9-9-83, respectively, of new Article 2.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Thomas of the 69th, et al, move to amend SB 73 by striking from line 30 of page 2 the following:
"1987",
and inserting its place the following: "1988".
By striking from line 2 of page 3 the following: "1987",
and inserting in its place the following: "1988".
By striking from line 4 of page 3 the following: "1987",
and inserting in its place the following: "1988".
By striking from line 5 of page 3 the following: "1987",
and inserting in its place the following: "1988".
By striking from line 8 of page 3 the following: "1987",
and inserting in its place the following: "1988".
By striking from line 13 of page 3 the following: "July 1, 1987, and on and after July 1, 1987". and inserting in its place the following: "July lj 1988, and on and after July 1^ 1988".

Representative Thomas of the 69th, et al, move to amend the Committee substitute to SB 73 by striking from line 18 of page 4 the following:
"or"
By striking from line 22 of page 4 the symbol "."
and inserting in lieu thereof the symbol ";".

WEDNESDAY, MARCH 2, 1988

2013

By adding between line 22 and line 23 of page 4 the following:
"(10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort."

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
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
Branch Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
N Carter Y Chambless Y Chance Y Cheeks Y Childers
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
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
Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris Y Hasty
Heard Y Hensley Y 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 N Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley N 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
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 NRay 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
Smith.W
Smyre Y Snow Y Stancil Y Stanley
Stein berg 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 Y Wilder Y Williams.B
Williams.J Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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

SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others:
A resolution regarding tobacco export to South Korea.

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

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.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The President has appointed on the part of the Senate the following: Senators McGill of the 24th, Kennedy of the 4th and English of the 21st.

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

SB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of property boundaries, so as to repeal the provisions relating to processioning except the provisions relating to general reputation as evidence of ancient landmarks and acquiescence as establishing the dividing line between adjoining land; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of property boundaries, is amended by striking Article 1, relating to processioning, and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
44-4-1. Every other year, the judge of th probate court of each county shall appoint three suitsDie persons tft every miiitis district tR trie county wrio 3fid.il DC prOCG331oners of 1ftnd ior wist district mitin their successors ftfe sppointed. xtt trie event trie JUQ^JC of

WEDNESDAY, MARCH 2, 1988

2015

tire probate court is unable to tind three persons m a militia district to* serve as* proceasioners or in the event a procesaioncr disqualifies himaclf or refuaea to acrvc and the judge Or the pro Date court ts unaDie TO iinu ft person to serve m nis pmcc m auch
procesaioners, as the caae may be, from a dHiepent militia diatnct. v acancies may tee filled at any time tn the same manner as appointments re made. If ne proccssioners
regular term e the application ef- any landowner. The power to appoint proccsaioncrs under ttiis Oode section ts expressly pemoved IPOIR the teoard of commissioners in eacn and every county ef-this state having such a board. Reserved.
44-4-z. cjvepy owner of land, any portion ot which Ties m any militia district even tf the remainder hes in an adjoining district er an adjoining county, who desires the lines around his entire tract te be rcsurvcycd and- re-marked shall apply te the proccssioncrs of the district TO appoint a day when a majonty of them, along with the county surveyor, will trace and mapK* the lines. 1 en daya written notice of the time of tne running and marking shall he given te aH the owners ef adjoining lands if they are residents f
lactory evidence of the service of the notice ts presented to theittr rveserved. 44-4-u. if, shall be the duty of tne county surveyor and the processioners to tfl.Kc an
due precautions to arrive at tne true lines and to trace out and plainly inarK tne same, "i he surveyor shall make out and ceptity a plat of the true lines and deliver ft copy thereof te the applicant; andr in all future boundary disputes with any owner ef- adjoining lands wno nad due notice ot tne process toning, tne certiiied plat and tne lines so maritecr shall tee pnma lacie correct} and the ceptitiecr plat snail tee admissiDie tR evi dcncc without further proof. Reserved.
with the plat of the surveyor^ to the jud^e of the pro Date court ~of the county to De Kept en file in his office. Reserved.
44-4-5. fe aH cases ef disputed lines, the following rules shall apply: \t) ^ifttural IftndmaFKS, oem^ less iiaole to change and not capaoie "Of counter
fciting, shall be the most conclusive evidence; \&) /Vncient or genuine landmapKs sucn as corner stations or rnorKcu trees snail
control the course and distances caned ror Dy the supveyj yo/ if the corners are established and the lines are not tnarKedt a straight line as
pecjuired oy the plat shall De run but an estaDiished mariced line, though CFOOKCQ, shall not tee overruled j and

Reserved. 44-4-6. General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years' standing. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line. 44~4~ f f vvhen actual possession has been had under a claim of Fight tor more than seven years, auch claim ahaii tee pespectedj and the lines snail tee manted so as* not to interfere with such possession. Reserved. 44-4-O. 'When a watercourse ts one of the Doundary lines of a tract of land and its course has Deen changed tey nature or Dy man so that its present channel cuts off a part ot the land, tne processioners and the surveyor shall eertity the tact} and the plat "Of the
exact quantity of land so etrt off: Reserved. 44*4~y. Any owner ot adjoining lands who ts dissatisiied with the lines run and
marked by the processioners and the surveyor may fite his protest te their findings with
returns and shall speciiy in his protest the lines o~bjected to and the true lines "fts claimed tey him. Upon the tiling of a protest, rt shall tee the duty of tne judge 'Ot tne pro Date cottrt to return ail the papers, inciuding the plat made tey the surveyor, and the
land lies5 and copies shall be sent to the adj01ning counties. "1 he clerK shall enter the

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JOURNAL OF THE HOUSE,

protsst OR the issue docket to oe tried nt the same manner and under tne same rules as otner cases, i tie verdict of tne jury and tne jud^ment 01 trie superior court snail De trained to meet tne issue tried and decided^ provided, nowever, rt snail not De necessary te ran any lines between adjoining landowners except the lines in dispute. Reserved.
44-4-10. The applicant ahall pay te each ef the proccaaioncrs net less than $6.00 per
fUiUn,-y, f1fU.1r u11;1a9 -BnUni-vi.liU/.nCQS. TTTf ^n nJJrlUnttUrSaLt M TO fllillUrrUl , tLhllUr /C'UnfalltndS TnJfI tLhllCr /w-nunirtv aahnnalnl anuVinv/jl^o tLV11iUo IiafltaSnUnU. T-i-'"h^p
judge ef the probate court is authorized te fix the compensation ef- the proccssioncra at the time ef making the biennial appointment ef proccssioncrs as provided in Code beetion 44~4~l j out tne compensation ne iixes snail not oe1 less tnan tne compensation

Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, waa agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

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

Y Holmes N Hooks
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 N Langford N Lawler N Lawrence N Lawson
NLee Linder
N Long NLord
N Lucas Lupton
N Mangum Y Martin N McCoy
McDonald N McKelvey
McKinney N Meadows N Milam N Milford N Mobley N Moody N Moore N Morion

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
N Pettit N Phillips Y Pinkston Y Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T
N Ramsey,V Randall
N Ransom
Ray N Reaves N Redding N Richardson N Ricketson N Robinson N Royal N Selman N Shepard N Sherrod N Simpson
N Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 22, nays 131.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, 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.

WEDNESDAY, MARCH 2, 1988

2017

The report of the Committee, which was favorable to the 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 N Adams.M
Aiken N Alford
Alien N Athon
Atkins Y Bailey
Balkcom Bannister N Bargeron Y Barnett.B N Barnett.M Y Beck Y Benefield Benn N Birdsong Y Bishop N Bostick N Branch Y Brooks Y Brown YBuck Y Buford YByrd N Carrell N Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L N Colbert

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

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

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

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

On the passage of the Bill, the ayes were 63, nays 80. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Holmes of the 28th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 408.

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

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.

The following Senate 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

2018

JOURNAL OF THE HOUSE,

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...............................................................................................! Per Diem, Fees and Contracts -
Elected Officials...........................................................................! Postage..............................................................................................! Photography.....................................................................................! Expense Reimbursement Account................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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
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

WEDNESDAY, MARCH 2, 1988

2019

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 Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining 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.......................................................................?

12,495,008
10,381,288 330,400 857,500 172,500 33,820 24,900 25,500 318,000 295,400 55,700

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JOURNAL OF THE HOUSE,

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 for Magistrate Court Judges................................................................................! Payment to Council for Probate Court Judges................................................................................! Payment to 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:

12,495,008 12,495,008
3,779,608 4,364,874 34,598,431 32,873,776
747,652 119,600 73,435 768,968 15,000 348,408
550,368 425,506 124,862 970,663 815,088
71,000 28,575 26,000 20,000 10,000
109,310
23.378,287

WEDNESDAY, MARCH 2, 1988

2021

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....................................................................!

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
0 32,900,121 10,650,000
608,800
50,000
30,000
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

!

2,375,424

$

16,745,674

$

11,066,875

$

2,529,310

$

635,631

$

511,888

$

49,272,487

!

3,157,359

!

40,211,155

!

5,404,961

$

1,439,011

$

620,283

$

1.608,038

! 135,948,346

$

370,250

$

2,375,424

$

14,786,448

$

0

$

2,529,310

$

0

$

511,888

$

2,674,967

$

0

$

0

$

130,000

$

0

!

0

$

0

!

23,378,287

2022

JOURNAL OF THE HOUSE,

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 Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

!

1,922,900

!

4,737,600

$

4,880,800

!

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 ..........
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
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

Section 11. Department of Agriculture A. Budget Unit: Department of
Agriculture ............................... State Operations Budget:

31,735,004

WEDNESDAY, MARCH 2, 1988

2023

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....................................................................!

27,363,829 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 0
60,000 50,000 100,000 40,401,620 31,735,004

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

$

4,116,783

$

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

!

40,401,620

3,670,783 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 31,735,004

B. Budget Unit: Georgia Agrirama Development Authority.
Georgia Agrirama Development Authority Budget:

2024

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......................................................! 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.
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) ..........................................................................$

489,000 121,000
5,000 0
11,000 10,000
0 0 9,000 31,000 0 78,000 754,000 0
5,266.588
4,737,989 226,360 321,198 0 15,308 32,305 122,402 184,272 48,911 2,000
5,690,745 5,266,588
7,903,076
4,702,230 150,456 177,884 8,200 92,890 24,009 45,615 398,192 62,998 108,132 85,000
1,400,000 0
99,800
30,000,000
0

WEDNESDAY, MARCH 2, 1988

2025

Grant - Richmond County.............................................................$
Special Investment Grant ..............................................................$ 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 Bibb County.................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

0 650,000
600,000
422,990
25,000
35,000 0
100,000
40,000 39,228,396 7,903,076

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

3,894,952

$

1,426,054

32,774,169 1,133,221
39,228,396

3,872,452 1,240,748
1,822,701 967,175
7,903,076

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......................................................................!

286,820,849 207,157,514 23,137,382
1,303,125 1,136,000
305,000 3,616,793
789,450 2,920,461 2,237,292 1,647,263
80,000 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

2026

JOURNAL OF THE HOUSE,

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.................

14,562,333
48,946
289,190 681,400
0 293,612,058
0 0 286,820,849

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

!

36,157,049

$ 209,792,071

!

47,662,938

! 293,612,058

!

35,962,049

! 208,631,274

!

42,227,526

! 286,820,849

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..............................................................! Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,047,843
15,687,453 426,584 432,902 124,500 51,700 139,348 123,000
1,072,131 398,875 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 .........................................................................$

4,718,461
7,253,027 3,177,333
66,382 27,200 43,275 50,725 13,830 7,800 77,596 183,500
1,050,000 44,100 18,000 42,000 0 563,160

WEDNESDAY, MARCH 2, 1988

2027

Repairs and Renovations ...............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

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.......................................................................! 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:

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 16,600,715 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 1,500,000 175,000 1,000,000 13,298,790
100,000

2028

JOURNAL OF THE HOUSE,

Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped ............................................................,............$
Tuition for the Multi-Handicapped.....................................................................$
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal)..................................................................? School Lunch (State)......................................................................? Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................? Regional Education Service Agencies..........................................................................? Georgia Learning Resources System...........................................................................................? High School Program .....................................................................? Special Education in State Institutions.........................................................................? Governor's Scholarships.................................................................? Special Projects...............................................................................? Job Training Partnership Act.......................................................? Vocational Research and Curriculum....................................................................................? Adult Education..............................................................................? Salaries and Travel of Public Librarians.........................................................................? Public Library Materials................................................................? Talking Book Centers.....................................................................? Public Library M & 0....................................................................$ 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....................................................................?

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
8,745,130 4,498,850
767,632 3,638,259
78,000,000
16,728,325
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

3,227,933 16,183,166

?

2,800,218

?

9,131,851

WEDNESDAY, MARCH 2, 1988

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

874,905 19,557,995 14,456,765 4,020,148
232,175
517,293 2,502,241,288
4,131,040 6,575,380
4,427,365 2,576,445,453

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....................................................................?

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...................................................................?

2029
859,515 14,356,420 13,838,850 2,568,053
232,175
517,293 2,219,790,980
3,994,540 6,419,880
4,127,365 2,278,637,140
0
918,040 15,060 7,500
0 23,500 5,400 280,000 121,500 27,000 657,700 69,000
0 0 2,124,700 0
31,253,194
26,069,834 6,613,250
157,298 1,259,133
99,483 2,335,896
63,805 29,694 806,599 490,347 250,000
300,000
30,000
60,000 28,000

2030

JOURNAL OF THE HOUSE,

Total Funds Budgeted...................................... ..............................$ State Funds Budgeted...................................... ..............................$

38,593,339 31,253,194

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services
Wood Energy General Administration
and Support Total

$

4,912,753

$

31,245,126

$

28,000

$

2,407,460

$

38,593,339

$

379,301

$

28,445,433

$

28,000

$

2,400,460

$

31,253,194

Section 19. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation............................. ...............................$
Operations Budget: Personal Services..............................................................................$ Regular Operating Expenses ..........................................................I 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..........................................................$

30,385,156
21,716,753 1,981,829
600,075 466,800 119,845 546,894 1,081,329 1,775,757 1,403,374 42,500 479,000 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.............................................................. ...............................$

4,579,432 484,260 39,000 44,000 8,000 271,940 111,993 117,000 23,000 40,000

WEDNESDAY, MARCH 2, 1988

2031

..........................................................................................$ Total Funds Budgeted....................................................................$ Total State Funds Budgeted.........................................................!

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.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,426,082
3,596,072 243,435 57,000 0 112,000 19,395 392,701 125,554 18,000 307,500
3,810,000 12,777,540 5,076,500
40,000
112,000 200,000
344,000
550,000 27,781,697 19,426,082

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

!

22,910,040

!

27,781,697

0
160,000
19,266,082 19,426,082

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 .................

18,249,457 8,513,206
292,513 187,100
0 162,575
58,734 148,300 648,014 212,430 48,732,696 2,744,586 40,000 2,500,000

2032

JOURNAL OF THE HOUSE,

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....................

158,000 2,750,000
345,006 50,000 40,000 200,000
100,000 67,883,160 18,249,457

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 Growth Strategies Commission Human Relations Commission Total

5,442,586
791,689
4,204,264 3,774,785 1,952,701 47,739,046
642,710
644,524
1,405,916
282,761
617,178 275,000 110,000 67,883,160

$

5,442,586

$

723,476

$

4,064,264

$

3,236,540

$

1,952,701

$

322,581

$

642,710

$

398,744

$

335,916

$

127,761

$

617,178

$

275,000

$

110,000

$

18,249,457

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...........................................

425,494,328
49,887,861 2,285,311 1,402,804
0 285,391 388,502 2,718,041 5,023,688 1,050,944 2,319,905 293,074 980,568
0
4,000
7,770,680 8,735,050
215,000

WEDNESDAY, MARCH 2, 1988

2033

Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

35,495,400 118,856,219
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 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

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 2,254,896
826,199
3,441,819 398,863 754,192
5,481,633 19,956,969 2,874,192 36,959,445
1,285,548 118,856,219

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
687,260 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

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..............................................................................................!

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

2034

JOURNAL OF THE HOUSE,

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 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

736,488 334,799 1,210,134 1,666,234 662,918 767,633
1,964,504 1,819,078
461,841
1,519,042
1,263,151 11,332,040 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 2,651,072
9,656,534 2,870,707
1,332,326
6,595,224

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 10,332,655 6,370,000 203,647,533
0 120,253,064

State Funds

$

736,488

$

294,799

$

1,125,134

$

1,567,001

$

662,918

$

739,401

$

1,434,504

$

786,431

$

0

$

258,066

$

1,263,151

$

5,571,493

$

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

$

1,590,572

$

9,656,534

$

1,428,711

$

1,332,326

$

6,595,224

WEDNESDAY, MARCH 2, 1988

2035

Grant in Aid to Counties Community Health Management Community Care Total

51,414,839 2,972,305 2,801,536 203,647,533

45,772,629
2,189,186 1,093.494 120,253,064

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 .............................................................$ Purchases 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
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

3,511,552 659,442
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

!

1,307,073

$

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................................

13,600,590 522,640 397,600 10,400
873,800
73,975

2036

JOURNAL OF THE HOUSE,

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....................

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

1,328,582 272,440,117
100 12,978,058
46,641,446
73,837,398
43,243,813
6,469,377 2,427,000
858,206 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
1,787,969 547,155,158

Budget Unit Object Classes: Personal Services..............

14,742,609 237,663
5,236,950 902,500 9,100
1,327,725 285,892,857
171,845,003 45,707,516 3,602,930
2,171,300 547,155,158
0 231,543,455

State Funds

$

0

$ 100,680,641

$

100

$

0

$

24,692,465

$

36,918,699

$

21,684,401

$

5,887,977

$

0

$

858,206

$

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

$ 231,543,455

165,016,166

WEDNESDAY, MARCH 2, 1988
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....................................................................................! 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 ................................................................$

2037
64,789,645 3,799,320
84,400 1,618,036 1,298,382 19,476,387 8,673,460 3,997,476 15,132,903 1,270,048 2,733,491
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
171,845,003
72,700 10,697,030 54,159,961
437,138,353
347,691,412 31,212,467
974,150 893,327 139,700 3,514,500 4,081,095 783,859 2,801,895 5,196,275 14,936,800 293,136
0 2,148,468

2038

JOURNAL OF THE HOUSE,

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....................

2,250,200
1,947,640
31,501,528
97,521,014
14,958,024
80,669,305 1,356,660 2,090,048 496,000
647,457,503 0
437,138,353

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 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

34,966,576 30,117,480
24,679,140
20,094,036
25,887,406
29,483,052 117,796,505
22,940,190
43,140,987
20,598,442 1,852,062
8,329,121
3,325,935
71,493,178 14,647,174
590,729 395,655 1,129,155
80,669,305 367,205
1,663,818

23,107,124 14,974,290
22,084,608
16,992,529
18,884,817
22,342,405 80,055,004
19,751,522
23,613,445
15,122,901 1,699,782
8,329,121
2,423,917
35,938,771 10,108,151
576,483 232,655 1,129,155
33,348,680 367,205
1,413,818

WEDNESDAY, MARCH 2, 1988

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

269,360 310,850
3,542,571
20,787,686
74,630 7,961,431
16,649,139 9,440,549 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
1,941,508 647,457,503

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........................................................................................! 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...................................................!

2039
269,360 310,850
3,215,114
14,358,170
74,630 7,290,682
16,257,139 9,055,138 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
1,896,508 437,138,353
17.619,986
6,681,308 1,056,469
349,445 68,500 345,900 191,755 125,025 607,140 207,860 265,400 210,000 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000

2040

JOURNAL OF THE HOUSE,

Georgia World Congress Center Operating Expenses ....................................................................?
Contract - Georgia Association of Broadcasters ................................,...........................................$
Southern Center for International Studies.................................,................................?
Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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....................................................................?

9,666,342
8,920,817 396,750 309,000 47,500 150,000 50,670 191,771 525,759 205,021 35,500
10,832,788 9,666,342

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

?

1,488,059

?

2,411,587

563,297

?

1,759,027

?

4,610,818

?

10,832,788

$

1,488,059

?

2,305,602

?

563,297

?

1,759,027

$

3,550,357

?

9,666,342

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........................................................................?

15,926,599
54,875,137 6,110,400
830,000 11,000 52,700
455,000 5,645,000 1,259,300

WEDNESDAY, MARCH 2, 1988

2041

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....................................................................!

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

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....................................................................!

400,748,343
10,484,630 320,400 189,900 0 85,600 43,536
10,601,654 925,973 343,642
16,286,550 83,000
1,146,749,811
25,170,529 772,500
1,212,057,725 400,748,343

2042

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

$

1,349,062

$

20,058,578

$

12,778,064

$

2,322,765

$

3,628,916

$ 1,171,920,340 $ 1,212,057,725

$

561,404

!

2,583,496

!

3,410,204

!

305,251

!

1,552,759

! 392,335,229 ! 400,748,343

Section 28. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration Agency Assessments ............................................... Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Publications and Printing..
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

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

2,267,518
1,013,049 910,925
1,272,417
10,743,898 422,205,046
1,775,482 1,473,353 441,661,688

0
0 26,203,865
0 0 26,203,865

Section 29. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!

69,459,120
50,004,717 9,197,807
500,450

WEDNESDAY, MARCH 2, 1988
Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Land and Water Conservation
Grants............................................................................................! Recreation Grants...........................................................................! Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................! Contract with U.S. Geological Survey for Topographic Maps...................................................! Capital Outlay - Repairs and Maintenance.........................................................................! Capital Outlay - Shop Stock Parks.............................................................................................! Capital Outlay-Heritage Trust......................................................! Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands Development Authority..............................................................! Contract - Special Olympics, Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................! Capital Outlay - Buoy Maintenance.................................................................................! Capital Outlay - Consolidated Maintenance - Game and Fish..................................................! Technical Assistance Contract......................................................! Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! 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 .................................................................$

2043
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
347,831 125,000 724,620
10,000
149,405 150,000
1,170,527 275,000
7,000,000 7,000 13,000
500,000 89,611,160
53,750
315,000

2044

JOURNAL OF THE HOUSE,

Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................!

0 69,459,120

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

$

7,489,696

$

24,855,209

$

31,030,089

$

24,644,938

$

1,591,228

$

89,611,160

$

7,120,946

$

21,526,966

$

18,232,126

$

21,066,854

$

1,512,228

$

69,459,120

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
Georgia Agricultural Exposition Authority
Total

!

1,600,000

!

0

!

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...................................................!

102,260,167
2,795,428 166,000 84,000 0 95,000 25,100 202,451 293,683 41,389
1,444,000 16,000
59,366,617 11,624,632

WEDNESDAY, MARCH 2, 1988

2045

Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program .............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

0 4,200,000 30,693,824 2,571,863
200,000 113,819,987 102,260,167

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,163,051

$ 108,656,936

$ 113,819,987

$

3,592,231

$

98,667,936

$ 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..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

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 71,343,973
0 71,343,973

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

16,355,406

$

12,927,033

$

42,061,534

$

71,343,973

$

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...........................................................................!

12,982,368
5,987,056 2,169,772
133,500 115,170 64,000 172,795 356,563

2046

JOURNAL OF THE HOUSE,

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....................................................................$

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 Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

!

4,069,719

!

4,385,266

!

782,077

$

1,103,223

!

402,531

$

340,243

$

6,115,046

!

17,198,105

!

285,057

!

4,385,266

!

762,077

!

1,004,223

!

402,531

!

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.........................................................!

7,229,973
5,744,164 358,781

WEDNESDAY, MARCH 2, 1988

2047

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...................................................................-!

215,500 57,900 36,080 53,364 341,800 299,825
113,300 1,250,000 8,470,714 7,229,973

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,315,665 3,243,522 3,911,527 8,470,714

1,315,665 2,125,925
3,788,383
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............................ Eminent Scholars Program.................. Capital Outlay....................................... Total Funds Budgeted.......................... Departmental Income........................... Sponsored Income................................. Other Funds........................................... Indirect DOAS Services Funding ....... State Funds Budgeted..........................

656,598,299
691,559,508 100,000,000
190,131,372 116,000,000 10,000,000
328,875 363,741
0 0 0 573,199 1,108,956,695 27,000,000 216,000,000 209,358,396 0 656,598,299

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...........................

137,954,708
178,266,229 49,915,234 74,485,198 23,469,674
267,521 1,664,460

2048

JOURNAL OF THE HOUSE,

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....................................................................!

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 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

1,802,750 1,844,718 1,203,089 95,855,055 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

1,115,842 I,444,718
882,390 II,319,300 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

WEDNESDAY, MARCH 2, 1988

2049

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
5,015,766 5,247,823 10,263,589 4,213,952 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
and FICA......................................................................................$ 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

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

4,032,103 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

4,032,103 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.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!

19,863,867 12,923,983 1,605,189
226,000 126,000 404,000 80,520 603,675 2,171,939 267,642

2050

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts. Election Expenses...................... Postage......................................... Total Funds Budgeted............... State Funds Budgeted...............

584,619 500,000 370,300 19,863,867 19,863,867

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
3,671,801
1,117,041 856,817 175,711
6,913,204 19,863,867

2,712,296 4,416,997
3,671,801
1,117,041 856,817 175,711
6,913,204 19,863,867

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners

57,500 79,725
850 7,350 24,000 21,000 92,000 55,000 55,800 13,300
64,700 3,100 23,000
3,700
7,600 15,800 2,600
32,500
102,000

247,950 190,876
4,355 46,865 153,756 132,730 542,083 847,430 292,361 29,911
300,000
33,925 219,515 23,511 22,979 46,457
17,932
92,320 1,191,650

WEDNESDAY, MARCH 2, 1988

2051

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

12,200 78,700 8,600
18,000 9,100 86,500 16,100 6,700 6,600
54,450
13,300
19,900 6,850
5,700
14,500
10,500 43,500
7,500 1,080,225

67,614 870,040
39,798
63,302 22,728 490,080 68,185 24,177 45,580
489,111
340,254
61,254 31,216
21,824
202,995
33,163 106,657
124,319 7,538,903

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services:............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .......... Publications and Printing......... Equipment Purchases. ................ Computer Charges......... ............. Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts . Total Funds Budgeted............... State Funds Budgeted...............

1,323,867
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 Commission

$1,323,867

$1,363,867

Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water
Conservation Committee .......................................$

1,591,571

2052

JOURNAL OF THE HOUSE,

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 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....................................................................! State Funds Budgeted....................................................................!
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 ................................................................$

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
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 8,050,000
473,601,307
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

WEDNESDAY, MARCH 2, 1988

2053

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....................

1,285,000
1,270,000 10,617,972
1,290,000
1,575,000 31,000,000 797,911,920 473,601,307

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

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

$

9,317,000

750,000 1,476,831
15,444,089
2,865,000 11,000,000 40,852,920

$

317,000

750,000 976,831
5,692,476
2,865,000 11,000,000 21,601,307

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................................................................?

17,183,925
4,268,260 50,796 89,000 0 21,000 90,300 4,142 218,397 58,500 15,400 0 33,300
10,154,540

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JOURNAL OF THE HOUSE,

Operating Expense/Payments to Medical College of Georgia ........................................................$
Regular Operating Expenses for Projects and Insurance.....................................,...................!
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................!

275,433,628

Section 43. 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 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 contributions 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

WEDNESDAY, MARCH 2, 1988

2055

authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 49. Provisions Relative to Section 14, Department of Corrections. The Department of Corrections is authorized to obtain approval for all of the correctional officer series above the correctional officer II level to be up-graded.
The Department of Corrections is authorized to utilize $46,000 of appropriated funds to begin assumption of the Cobb County Probation Activity.
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 $1,419.59. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 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 1989.
From the Appropriations in Section 16, funds in the amount of up to $452,000 are seta-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, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1989 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of

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Educations's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during SPY 1989 that it contributed during SPY 1988.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

Section 51. 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 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 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 standards 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

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 1989 that was authorized in fiscal year 1987.
The Department of Human Resources is hereby prohibited from the distribution of birth control devices, and from providing abortion referral services in the Comprehensive Adolescent Health Centers in this appropriations bill.

Section 53. 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 54. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural

WEDNESDAY, MARCH 2, 1988

2057

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 55. 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 56. 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 Vocational Education.
Section 57. 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.
The Department of Public Safety is authorized to place qualified fixed-wing pilots, instrument-rated pilots and roto-wing pilots at the rank of lieutenant, and to place the aviation commander at the rank of captain.
The Department of Public Safety is authorized to place all captains on grade level 39 and to place all buck sergeants on grade level 34.
Section 58. 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 purchase of either 1983 or 1990 motor vehicle tags.
Section 59. Provisions Relative to Section 39 Department of Transportation. 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 Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
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 payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 of this Bill, in the event such collections, less refunds, rebates and collection cost, exceed such Motor Fuel Tax Appropriation.

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e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
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 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 $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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs 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 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 special 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 effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members

WEDNESDAY, MARCH 2, 1988

2059

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.
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 Telecommunications Network either directly or indirectly.
Section 68. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under 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 insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
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 whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be 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 Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(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 administration 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 classification following such term shall apply to the total expenditures within the Budget Unit

2060

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or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 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 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 72. Delayed Hiring Factor by Department.

Agriculture 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

$

64,112

$

4,744,825

$

77,635

$

3,692,295

$

3,900,000

$

800

$

4,456

$

347,031

$

268,000

$

158,000

$

3,077

$

3,706

Section 73. 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 certified 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 recommended 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 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

WEDNESDAY, MARCH 2, 1988

2061

State Fiscal Year 1989.................................................................................$ 6,254,000,000
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.

Representative Murphy of the 18th moved that the House disagree to the Senate substitute to HB 1277.
The motion prevailed.

The Speaker assumed the Chair.

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

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 Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dean Alford Representative, 57th District
/s/ BU, Bamett 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 Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that a state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to his regular compensation for the period of time that such state employee is physically unable to perform the duties of his employment; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act

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when the injured state employee is entitled to receive workers' 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 Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, is amended by striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the Department of Corrections, and employees of the State Board of Pardons and Paroles, which reads as follows:
"45-7-9. (a) As used in this Code section, the term: (1) 'Fireman' means any person who is employed as a professional firefighter on
a full-time basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires.
(2) 'Law enforcement officer' means any agent or officer employed by the State of Georgia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the 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. (b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compensation as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section. (c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability. (d) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section.", and inserting in lieu thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term: (1) 'Agency' means every state department, agency, board, bureau, commission,
and authority, except the Department of Transportation. (2) 'Full-time' means an employee who regularly works 30 hours or more each
week.

WEDNESDAY, MARCH 2, 1988

2063

(3) 'Injured in the line of duty' means an injury which arises out of or in the course of employment. Going to or from work shall not be considered in the line of duty.
(4) 'State employee' means a full-time employee of an agency. (b) Any state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. (c) Any person injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability. (d) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits which the employee is awarded and shall be limited to the difference between the amount of workers' compensation benefits actually paid and the amount of the employee's regular compensation. (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 provided in this Code section. (f) This Code section shall not apply to employees of the Department of Transportation covered by Code Section 32-2-7."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Alford of the 57th moved that the House adopt the report of the second Committee of Conference on SB 28.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams,G Y Adams.M
Aiken Y Alford
Alien Y Athon
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 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
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 Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover

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

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 Panned Parham
Y Parrish 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
Ray 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
Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

2064

JOURNAL OF THE HOUSE,

YTownsend 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 motion, the ayes were 142, nays 0. The motion prevailed.

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

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1441

The Committee of Conference on HB 1441 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1441 be adopted.

Respectfully submitted,

FOR THE SENATE:
// Hugh Gillis Senator, 20th District
M Bill English Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES:
. /s/ Howard H. Rainey
Representative, 135th District
M Robert G peterg Representative, 2nd District

/s/ Joseph E. Kennedy Senator, 4th District

/a/ Lunsford Moody Representative, 153rd District

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; to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties; to provide for a statement of intent not to abate pending prosecutions; to provide for repeal on a specific date; to amend an Act amending Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties, approved April 2, 1987 (Ga. L. 1987, p. 530), so as to repeal a provision providing for automatic repeal; 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 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsection (b) of Code Section 27-3-15, relating to seasons and

WEDNESDAY, MARCH 2, 1988

2065

bag limits for hunting game species, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species Maximum Open Season Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 19

12

No limit

March 15

(2) Grouse

Oct. 15 Feb. 29

3

No limit

(3) Turkey March 15 gobblers May 5

2

2

(4) Deer

Sept. 15 Jan. 15

35

35

(5) Bobcat Oct. 15 Feb. 29

No limit

No limit

(6) Opossum (A) Oct. 15 Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and
(B) Jan. 1 Dec. 31 for the remainder of the state

No limit No limit

No limit No limit

(7) Rabbit Nov. 19 Feb. 29

10

No limit

(8) Raccoon (A) Oct. 15 Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro,

No limit

No limit

2066

JOURNAL OF THE HOUSE,

Wilkes,
and Lincoln counties; and (B) Jan. 1 Dec. 31 for
the remainder of the state

No limit

No limit

(9) Squirrel Aug. 15 Feb. 29

10

No limit

(10) Fox

Jan. 1 Dec. 31

No limit

No limit

(11) Migratory Sept. 1 game March 10 birds

Subject to limits set by the federal government and
adopted by the board

(12) Bear

Sept. 15 Jan. 15

1

1"

Section 2. Said title is further amended by striking subsection (b) of Code Section

27-3-44, relating to killing of deer which have no antlers visible, in its entirety and insert-

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

"(b) During the period beginning on April 1, 198? 1988, and ending on July 1, 1988

1989, the board shall establish by regulation no fewer days for antlerless or either-sex

deer hunting with firearms in each county than the number of days set forth below:

Appling..............................................................................................................................

12

Atkinson............................................................................................................................ 6 8

Bacon................................................................................................................................. 0 5

Baker................................................................................................................................. 16 22

Baldwin............................................................................................................................. 19 25

Banks.................................................................................................................................

7

Barrow............................................................................................................................... 7 10

Bartow............................................................................................................................... 9 4

Ben Hill............................................................................................................................ 6 8

Berrien.............................................................................................................................. 6 8

Bibb................................................................................................................................... 19 25

Bleckley.............................................................................................................................

12

Brantley............................................................................................................................ 6 8

Brooks............................................................................................................................... 6 8

Bryan................................................................................................................................. 6 8

Bulloch..............................................................................................................................

12

Burke................................................................................................................................. 12 28

Butts.................................................................................................................................. 19 23

Calhoun............................................................................................................................. 16 22

Camden............................................................................................................................. 6 8

Candler..............................................................................................................................

12

Carroll............................................................................................................................... 13 23

Catoosa..............................................................................................................................

0

Charlton............................................................................................................................ 6 8

Chatham........................................................................................................................... 6 8

Chattahoochee................................................................................................................. 16 28

Chattooga.......................................................................................................................... 2 4

Cherokee........................................................................................................................... 9 4

Clarke................................................................................................................................ 19 25

WEDNESDAY, MARCH 2, 1988

2067

Clay.................................................................................................................................... Clayton..............................................................................................................................
Clinch................................................................................................................................
Cobb..................................................................................................................................
Coffee................................................................................................................................
Colquitt.............................................................................................................................
Columbia...........................................................................................................................
Cook..................................................................................................................................
Coweta...............................................................................................................................
Crawford........................................................................................................................... Crisp.................................................................................................................................. Dade.................................................................................................................................. Dawson.............................................................................................................................. Decatur............................................................................................................................. DeKalb.............................................................................................................................. Dodge................................................................................................................................ Dooly................................................................................................................................. Dougherty......................................................................................................................... Douglas............................................................................................................................ Early.................................................................................................................................. Echols................................................................................................................................ Effingham......................................................................................................................... Elbert................................................................................................................................ Emanuel............................................................................................................................ Evans................................................................................................................................. Fannin............................................................................................................................... Fayette.............................................................................................................................. Floyd................................................................................................................................. Forsyth.............................................................................................................................. Franklin............................................................................................................................ Fulton................................................................................................................................ Gilmer............................................................................................................................... Glascock............................................................................................................................ Glynn................................................................................................................................. Gordon.............................................................................................................................. Grady................................................................................................................................. Greene............................................................................................................................... Gwinnett........................................................................................................................... Habersham....................................................................................................................... Hall.................................................................................................................................... Hancock............................................................................................................................ Haralson............................................................................................................................ Harris................................................................................................................................ Hart................................................................................................................................... Heard................................................................................................................................ Henry................................................................................................................................ Houston............................................................................................................................. Irwin.................................................................................................................................. Jackson.............................................................................................................................. Jasper................................................................................................................................ Jeff Davis.......................................................................................................................... Jefferson...........................................................................................................................
Jenkins.............................................................................................................................. Johnson.............................................................................................................................
Jones.................................................................................................................................. Lamar................................................................................................................................
Lanier................................................................................................................................

10 16 0
48
0
35
63
13 25
63
13 23
16 25 03 94
3 10 16
0 05 10 16 16 22 7 10 10 16 03 6 12 12 25 12 28 10 J.2
0 10 23 24 23
7 10 18
0 12 28 &8 24 10 16 16 25 7 10 6 1.
3 10 25 24 16 28
3 13 25 10 23 12 28 15 10 18 , 10 23 &8 12 28
12 28 0 18
10 28 10 25
23

2068

JOURNAL OF THE HOUSE,

Laurens............................................................................................................................. Lee..................................................................................................................................... Liberty.............................................................................................................................. Lincoln.............................................................................................................................. Long................................................................................................................................... Lowndes............................................................................................................................ Lumpkin........................................................................................................................... McDuffie........................................................................................................................... Mclntosh........................................................................................................................... Macon................................................................................................................................ Madison............................................................................................................................ Marion............................................................................................................................... Meriwether....................................................................................................................... Miller................................................................................................................................. Mitchell............................................................................................................................. Monroe.............................................................................................................................. Montgomery..................................................................................................................... Morgan.............................................................................................................................. Murray.............................................................................................................................. Muscogee.......................................................................................................................... Newton.............................................................................................................................. Oconee............................................................................................................................... Oglethorpe........................................................................................................................ Paulding............................................................................................................................ Peach................................................................................................................................. Pickens.............................................................................................................................. Pierce................................................................................................................................. Pike.................................................................................................................................... Polk................................................................................................................................... Pulaski.............................................................................................................................. Putnam............................................................................................................................. Quitman............................................................................................................................ Rabun................................................................................................................................ Randolph.......................................................................................................................... Richmond......................................................................................................................... Rockdale........................................................................................................................... Schley................................................................................................................................ Screven.............................................................................................................................. Seminole........................................................................................................................... Spalding............................................................................................................................ Stephens........................................................................................................................... Stewart.............................................................................................................................. Sumter............................................................................................................................... Talbot................................................................................................................................ Taliaferro.......................................................................................................................... Tattnall............................................................................................................................. Taylor................................................................................................................................ Telfair............................................................................................................................... Terrell............................................................................................................................... Thomas............................................................................................................................. Tift.................................................................................................................................... Toombs.............................................................................................................................
Towns................................................................................................................................
Treutlen............................................................................................................................
Troup................................................................................................................................
Turner...............................................................................................................................
Twiggs...............................................................................................................................

12 10 16 68 13 25 f> 8 68
3 13 25 68 16 28 W 18 16 28 13 25 03 33 10 25 6 12 10 18
0 16 28 10 23 10 25 13 25 34 16 25
0 68 10 25 34
12 ? 23 13 28 01 16 28 13 25 ? 10 13 28 13 28 03 10 23
3 16 28 13 28 16 28 13 25 6 12 16 28 65 10 28 10 16 15
68
0
&8
13 25
15
W 28

WEDNESDAY, MARCH 2, 1988

2069

Union.................................................................................................................................

0

Upson................................................................................................................................ 16 25

Walker............................................................................................................................... 2 4

Walton............................................................................................................................... ? 10

Ware.................................................................................................................................. 2 5

Warren.............................................................................................................................. 13 25

Washington....................................................................................................................... 12 28

Wayne............................................................................................................................... 6 8

Webster............................................................................................................................. 13 28

Wheeler............................................................................................................................. 6 12

White................................................................................................................................. 6 1

Whitfield...........................................................................................................................

0

Wilcox............................................................................................................................... 6 8

Wilkes................................................................................................................................ 12 25

Wilkinson.......................................................................................................................... 15 28

Worth................................................................................................................................ W 16

Total.............................................................................................................................. 1149 2280"

Section 3. This Act shall become effective on April 1, 1988.

Section 4. It is the intention of the General Assembly that prosecutions of offenses under Code Section 27-3-44 of the Official Code of Georgia Annotated which are pending on the date this Act becomes effective shall not be abated as a result of the amendment to that Code section accomplished by this Act.

Section 5. Subsection (b) of Code Section 27-3-44 of the Official Code of Georgia Annotated shall stand repealed in its entirety on July 1, 1989, and on that date the letter "(a)" appearing at the beginning of said Code Section 27-3-44 shall be stricken.

Section 6. An Act amending Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to the killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt "antlerless or either-sex" deer on certain days in certain counties, approved April 2, 1987 (Ga. L. 1987, p. 530), is amended by repealing Section 4, which reads as follows:
"Section 4. Subsection (b) of Code Section 27-3-44 shall stand repealed in its entirety on July 1, 1988, and on that date the letter '(a)' appearing at the beginning of Code Section 27-3-44 shall be stricken.", in its entirety.

Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Rainey of the 135th moved that the House adopt the report of the Committee of Conference on HB 1441.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon
Atkins Y Bailey
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 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 Y Colwell Y Connell
Y Couch Y Cox Y Crawford
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
Banner 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

2070

JOURNAL OF THE HOUSE,

Y Langford Lawler
Y Lawrence Y Lawson YLee
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 YMostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett
Pannell Y Paiham 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 Y Ray
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Shepard Y Sherrod

On the motion, the ayes were 150, nays 0. The motion prevailed.

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
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 Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

Representative Reaves of the 147th moved that the House adhere to its position in amending SB 570 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 Reaves of the 147th, Carter of the 146th and Oliver of the 121st.

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

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 100. By Senators Crumbley of the 17th, Starr of the 44th and Howard of the 42nd:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

WEDNESDAY, MARCH 2, 1988

2071

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

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The President has appointed on the part of the Senate the following: Senators Phillips of the 9th, Edge of the 28th and Peevy of the 48th.

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

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful 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.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend SB 248: "tePnaagnet"2, lines 12 and 28 - add "payable to the landlord under terms of the lease" after

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

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

NByrd
Y Carrell N Carter
Chambless
Y Chance Y Cheeks Y Childers N Clark,B Y Clark.H
Clark.L N Colbert
Coleman Y Colwell Y Connell N Couch YCox Y Crawford Y Crosby
Cummings.B Cummings,M Y Davis,G Y Davis.M
Dixon Y Dobbs Y Dover

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

Isakson Y Jackson,J
Jackson.W Jamieson Johnson,D N Johnson.R Y Kilgore Y Kingston
N Lane,D N Lane.R Y Langford
Lawler Y Lawrence
Lawson NLee Y Linder N Long NLord
Lucas Y Lupton
Mangum Y Martin N McCoy
McDonald Y McKelvey

McKinney
Meadows N Milam Y Milford
Y Mobley N 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 N Patten
Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter

2072

JOURNAL OF THE HOUSE,

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

Y Ricketson Y Robinson N Royal Y Selman
N Shepard
N 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
Y Stephens Y 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 Y Wilder
Y Williams.B
Williams.J
Wilson
Y Wood Y Workman
Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 107, nays 27.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

SB 682. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 415. By Senators Harrison of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A resolution creating the Joint Cobb County Study Committee.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others:
A resolution regarding tobacco export to South Korea.
Referred to the Committee on Agriculture & Consumer Affairs.

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 423 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

WEDNESDAY, MARCH 2, 1988

2073

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 641 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:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 604 Do Pass SB 589 Do Pass SB 601 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 495 Do Pass, by Substitute SB 558 Do Pass SB 651 Do Pass, by Substitute
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 586 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

2074

JOURNAL OF THE HOUSE,

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 611 Do Pass
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 insists on its substitutes to the following Bills of the House:

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.

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

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, MARCH 3, 1988

2075

Representative Hall, Atlanta, Georgia Thursday, March 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
Alien
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
Cummings,M
Davis.M Dobbs Dover Dunn Edwards Felton Floyd Foster Galer Godbee Goodwin
Green Greene Greer Gresham
Griffin
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 Lawson Lee Linder Long Lord Lucas
Lupton
Mangum
Martin
McCoy McKelvey Meadows Milam

Mobley Moody Moore Morton Mostiler Moultrie
Mueller
Oliver.C
01iver,M
Padgett
Pannell Parham
Parrish Patten Peters Phillips
Pittman
Porter Powell
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 Stephens Thomas.M Thompson
Thurmond
Tolbert
Townsend Twiggs Waddle
Waldrep Wall Watson Watts Wilder Wilson Wood Workman Yeargin
Murphy.Spkr

Prayer was offered by the Reverend Thomas Barnard, Pastor, Westside Baptist Church, Warner Robins, 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.

2076

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

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

HB 1921. By Representatives Porter of the 119th, Barnett of the 10th, Crosby of the 150th, Dixon of the 151st, Milford of the 13th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for motor vehicle franchise practices; to provide for findings; to provide definitions; to provide warranty and delivery obligations; to provide for disclosures; to provide for indemnification; to prohibit certain conduct and to make certain acts unlawful.
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 1919 HB 1922 HB 1923 HR 973

SB 682 SR 415 SR 423

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 371 Do Pass, by Substitute
Respectfully submitted, kl McDonald of the 12th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 21 Do Pass SB 435 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

THURSDAY, MARCH 3, 1988

2077

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 1916 Do Pass HB 1917 Do Pass HB 1918 Do Pass HB 1920 Do Pass

SB 616 Do Pass SB 653 Do Pass SB 678 Do Pass SB 679 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, MARCH 3, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 38th Legislative Day as enumerated below:
HR 821 J. Strom Thurmond Lake: Urge to Redesignate
SB 500 Jails: Construction Near Schools: Requirements SB 510 Bankruptcy: Certain Property or Retirement Funds: Exemption SB 556 Bad Check: Party Initially Receiving: Prosecution SB 558 Service Marks: Counties and Municipalities: Reg. SB 573 Advanced Emergency Medical Technician: Definition SB 586 Firearm Possession: Off-Duty Peace Officers SB 588 Education: Comprehensive Evaluation of School Systems SB 589 Consumer Warranty Agreements: Guaranteed by Certain Insurers SB 594 Alligators: Hunting Regulations SB 604 Health Insurance: Human Heart Transplants: Coverage SB 608 Handicapped Parking: Renovation of Facility: Certain Spaces SB 611 Ad Valorem Tax: Municipal Development Authorities SB 618 State Gov't.: Purchasing: Timely Payment SB 640 Child Abuse Protocol Committee: Composition SB 641 Mental Health: Child/Adolescent Screening Program: Req. SB 649 Asbestos: Removal From Certain Buildings: Actions SB 651 First Offenders: Cert. Convictions: Weapons Proh.: Exclusions
SR 265 National Reg. of Historic Places: Transfer of Prop.: Taxation SR 360 Joint Study Committee on Aging: Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

2078

JOURNAL OF THE HOUSE,

HB 1916.

By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws 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 1920.

By Representative Greene of the 130th:
A bill to create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions.

The report of the Committee, which was favorable to the passage of the Bill, was 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 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 report of the Committee, which was favorable to the passage of the Bill, was 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 678. By Senator Brannon of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for commissioner districts; to provide for a chairman; to provide for powers and duties and compensation of members; to provide additional powers for the chairman; to provide for ordinances, rules, and regulations.

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

THURSDAY, MARCH 3, 1988

2079

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

SB 679. By Senator Brannon of the 51st:
A bill to amend an Act providing the method of election of the members of the board of education of Gilmer County so as to provide for the election of members of the board of education in nonpartisan elections; to provide procedures relative to the nomination and qualification of candidates of said board.

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

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

HB 1917.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have 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 YAdams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M Y Beck
Benefield Y Benn Y Birdsong Y Bishop YBostick Y Branch Y Brooks Y Brown
Buck Y Buford
Y Byrd 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 Y Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M
Davis.G Davis.M Dixon Y Dobbs Y Dover Dunn Edwards Felton Y Floyd Y Foster Galer
Y Godbee Y Goodwin
Y Green Y Greene
Y Greer Gresham
Y Griffin
Y Groover Y Hamilton
Hanner

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
Lane,R Y Langford
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
Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters
Pettit Y Phillips
Y Pinkston Pittman
Porter Y Powell
Prichard Y Rainey
Ramsey.T
Y Ramsey.V Randall
Y Ransom

Y Ray Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Shepard Y Sherrod
Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas.C Thomas.M
Y Thompson Y Thurmond
Y Tolbert Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep

2080

JOURNAL OF THE HOUSE,

Walker.C Y Walker.L
Wall

Ware Watson 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 134, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1918.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have 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 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 Y Brown
Buck Y Buford YByrd
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 Y Cummings.B Y Cummings.M
Davis.G Davis.M Dixon Y Dobbs Y Dover Dunn Edwards Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Gresham Y Griffin Y Groover Y Hamilton 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
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
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 Y Orrock Y Padgett Y Pannell Y Parham
Parrish
Y Patten Y Peters
Pettit Y Phillips
Y Pinkston Pittman 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
Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens 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
Wall Ware Watson 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 134, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

SB 653. By Senator Langford of the 35th:
A bill to provide for a $10,000.00 homestead exemption from all City of Hapeville ad valorem taxes for residents of that city; to provide for a definition; to provide for procedures relative thereto; to provide for effectiveness; to provide for a referendum; to repeal a previously existing homestead exemption.

THURSDAY, MARCH 3, 1988

2081

The report of the Committee, which was favorable to the 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
Barnett,B Y Barnett.M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck Y Buford YByrd
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 Y Cummings,B Y Cumming8,M
Davis.G Davis.M Dixon Y Dobbs Y Dover Dunn Edwards
Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham
Y Griffin Y Groover
Y Hamilton 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
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 YMilam Y Milford Y Mobley Y Moody Y Moore
Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston
Pittman 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 Shepard
Y Sherrod Simpson
Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens 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
Wall Ware Watson 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 134, 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 House:

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.

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.

2082

JOURNAL OF THE HOUSE,

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.

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.

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 solicitor of said court.

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 provide that the board of education shall consist of no more than 11 members.

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.

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.

HB 670. By Representative Martin of the 26th:
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 given by an administrator or executor to be posted for a period greater than one year.

HB 1213. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, 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.

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 Annotated, 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.

THURSDAY, MARCH 3, 1988

2083

HB 1456.

By Representative Robinson of the 96th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide 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.

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 Annotated, relating to preferential ad valorem tax assessment of agricultural property, 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 relative of an owner of the property.

HB 1470.

By Representative Jackson of the 9th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, 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.

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 provide 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 population of 250,000 or more shall become a part of the state-wide probation system on a certain date.

HB 1590. By Representative Birdsong of the 104th:
A bill to amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, 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.

HB 1638. By Representative McDonald of the 12th:
A bill to amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee.

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 Annotated, relating to student transportation under the "Quality Basic Education Act," so as to change the provisions relating to minimum salaries for school bus drivers.

2084

JOURNAL OF THE HOUSE,

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 Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus.

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

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.

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 Annotated, 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.

HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th, Barnett of the 10th and Lawson of the 9th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".

HB 1001.

By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

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 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.

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.

THURSDAY, MARCH 3, 1988

2085

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 Annotated, relating to certain unfair or deceptive practices in consumer transactions, 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.

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 Annotated, 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.

HB 1565.

By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change the provisions 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.

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 Annotated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to provide 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.

HB 1634. By Representative Holmes of the 28th: A bill to provide for urban enterprise zones in the City of Atlanta.

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 District ad valorem taxes.

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 homestead 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 homestead of such resident.

2086

JOURNAL OF THE HOUSE,

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

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 Annotated, 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.

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 Annotated, 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.

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 Annotated, 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.

HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occupational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected.

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.

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

SR 417. By Senator Bowen of the 13th:
A resolution creating the Joint Public Safety Study Committee on Communications.

SR 418. By Senator Bowen of the 13th: A resolution supporting the Georgia Public Safety Memorial.

THURSDAY, MARCH 3, 1988

2087

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 property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.

HR 794. By Representative Ramsey of the 3rd: A resolution designating the B. T. Parks Memorial Bridge.

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 Senate has agreed to the House substitutes to the following Bills and Resolution of the Senate:

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.

SB 402. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification.

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 Annotated, 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 Annotated, 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.

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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.

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 insurance by captive insurance companies.

SB 669. By Senator Kidd of the 25th:
A bill to amend an Act creating a new board of commissioners of Jones County, as amended, so as to change certain provisions relating to purchases and bids; to change the provisions relating to advertisement of purchases; to except the purchase of professional services from certain requirements of law.

The Senate has adopted the second 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 compensation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The Senate has adopted the report of the Committee of Conference on the following Bills 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.

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 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.

The Senate has agreed to the House amendments to the following Bill and Resolution of the Senate:

THURSDAY, MARCH 3, 1988

2089

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 provide for the submission of this amendment for ratification or rejection.

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 provisions 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.

The Senate has agreed1 to the House amendments to the Senate substitutes to the following Bills of the House:

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 Annotated, 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.

HB 1160. By Representative Kilgore of the 42nd:
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 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 Senate has passed by the requisite Constitutional majority the following Bills of the Senate:

SB 683. By Senator Brannon of the 51st:
A bill to amend an Act placing the Clerk of Superior Court and Judge of Probate Court of Gordon County upon an annual salary, as amended, so as to change certain provisions relating to salaries of such officers; to change certain provisions relating to when fees of such officers shall be paid into the county treasury.

SB 684. By Senators Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to make provisions for the Magistrate Court of Cobb County; to provide for qualifications.

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JOURNAL OP THE HOUSE,

SB 685. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, as amended, so as to provide a supplement to the salary of the district attorney of said circuit; to provide an effective date.

SB 686. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing for an assistant district attorney for the Cherokee Judicial Circuit so as to provide for the employment, powers, duties, compensation, and expenses of the assistant district attorney; to provide for additional circuit paid staff positions for the office of the district attorney of the Cherokee Judicial Circuit; to provide an effective date.

SB 687. By Senator Howard of the 42nd:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County so as to provide for the nonpartisan election of the chief magistrate.

SB 688. By Senator Brannon of the 51st:
A bill to provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide procedures relative to the nomination and qualification of candidates for school superintendent; to provide for related matters; to provide for a referendum.

By unanimous consent, all Local House Bills and all Senate Bills and Resolutions passed today by substitute or amendment were ordered immediately transmitted to the Senate.
Representative Alford of the 57th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, 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.
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 Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M Y Beck
Benefield Y Benn
Birdsong

Bishop Y Bostick Y Branch
Y Brooks Y Brown Y Buck

Y Buford Byrd
Y Carrell
Y Carter Y Chambless Y Chance

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2091

Y Cheeks Y Childers
Clark,B 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 Davis.M Y Dixon Y Dobbs Y Dover Dunn Edwards Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin N 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 Y Hudson
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
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
Mobley Y Moody Y Moore Y Morion
Mostiler Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters

On the motion, the ayes were 133, nays 2. The motion prevailed.

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

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

HR 1006. By Representative Shepard of the 71st: A resolution creating the House Child Support Study Committee.

SR 417. By Senator Bowen of the 13th:

A RESOLUTION
Creating the Joint Public Safety Study Committee on Communications; and for other purposes.
WHEREAS, the Department of Public Safety and particularly the Uniform Division of the department require specially designed communications equipment to perform the powers and duties prescribed by law; and
WHEREAS, the Uniform Division is required by law to cooperate with all law enforcement agencies of the state and any municipality, county, or other political subdivision in enforcing the laws of this state relating to the operation of motor vehicles; and
WHEREAS, the communications system utilized by the Department of Public Safety must satisfy increasingly complex demands, and significant improvements are needed in the existing system and its component equipment; and
WHEREAS, a careful study and review of the overall communication requirements of the Department of Public Safety and the Uniform Division of the department are needed in order to achieve a technologically well-designed communications system.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Safety Study Committee on Communications to be composed of the members of the Senate Public Safety Committee and of the

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JOURNAL OF THE HOUSE,

House Public Safety Committee. The chairman of the Senate Public Safety Committee and the chairman of the House Public Safety Committee shall serve as cochairmen of the study committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 10 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.

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 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.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1277 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos

THURSDAY, MARCH 3, 1988

2093

actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation; 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 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, is amended by inserting immediately following Code Section 9-3-30 a new Code section to read as follows:
"9-3-30.1. (a) Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for:
(1) Removal of asbestos or materials containing asbestos from any building owned or used by such entity;
(2) Other measures taken to correct or ameliorate any problem related to asbestos in such building;
(3) Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or
(4) Any other claim for damage to real property allowed by law relating to asbestos in such building which might otherwise be barred prior to July 1, 1992, as a result of expiration of the applicable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990. (b) The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period. (c) Nothing in this Code section shall be construed to revive, extend, change, or otherwise affect the applicable period of limitation for persons or entities not set forth and provided for in subsection (a) of this Code section. (d) Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Oliver of the 53rd moves to amend the Committee substitute to SB 649 as follows:
Page 2, Line 13, delete "1992" and insert in lieu thereof "1990".

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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SB 683. By Senator Brannon of the 51st:
A bill to amend an Act placing the Clerk of Superior Court and Judge of Probate Court of Gordon County upon an annual salary, as amended, so as to change certain provisions relating to salaries of such officers; to change certain provisions relating to when fees of such officers shall be paid into the county treasury.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 684. By Senators Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to make provisions for the Magistrate Court of Cobb County; to provide for qualifications.
Referred to the Committee on State Planning & Community Affairs - Local. SB 685. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, as amended, so as to provide a supplement to the salary of the district attorney of said circuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local. SB 686. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing for an assistant district attorney for the Cherokee Judicial Circuit so as to provide for the employment, powers, duties, compensation, and expenses of the assistant district attorney; to provide for additional circuit paid staff positions for the office of the district attorney of the Cherokee Judicial Circuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 687. By Senator Howard of the 42nd:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County so as to provide for the nonpartisan election of the chief magistrate. Referred to the Committee on State Planning & Community Affairs - Local.
SB 688. By Senator Brannon of the 51st:
A bill to provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide procedures relative to the nomination and qualification of candidates for school superintendent; to provide for related matters; to provide for a referendum. Referred to the Committee on State Planning & Community Affairs - Local.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
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

THURSDAY, MARCH 3, 1988

2095

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.
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.

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

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.

HB 1894.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority.

HB 1895.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.

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

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.

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 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 taxidermists; to change the provisions relating to the hunting of alligators.

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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
Adams,M Aiken Y Alford Y Alien Y Athon 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
Buck 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 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 YDunn
Edwards Felton
Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin
Groover Y Hamilton Y Banner Y Harris Y Hasty
Heard Hensley Y Herbert Y Holcomb

Holmes
Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y 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 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 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 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 Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y 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

On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 1007. By Representatives Alford of the 57th, Steinberg of the 46th, Richardson of the 52nd, Mangum of the 57th, Workman of the 51st and others:
A resolution commending Honorable Cas Robinson 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 Senate was taken up for consideration and read the third time:

SB 556. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, 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.

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

THURSDAY, MARCH 3, 1988

2097

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M
Aiken Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Barnett,M YBeck
Benefield
YBenn Birdsong
Y Bishop Y Bostick
Y Branch N 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 Y Colwell
Connell Y Couch YCox Y Crawford Y Crosby
N Cummings.B Y Cummings.M
Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
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 Manner Y Harris Y Hasty Y Heard
Hensley Y Herbert Y Holcomb

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

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 Y Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall
Ransom YRay Y Reaves Y Redding Y Richardson
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 Smyre
YSnow Y Stancil
Stanley Steinberg Y Stephens 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
Williams,J
Y Wilson Y Wood Y Workman Y Yeaigin
Murphy ,Spkr

On the passage of the Bill, the ayes were 142, nays 3. 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 substitute thereto:

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 homestead 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 homestead of such resident.

The following Senate substitute was read:

A BILL
To provide that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income together with the net 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 ad valorem taxes,

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JOURNAL OF THE HOUSE,

except county school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of DeKalb County who is 65 years of age or over or who is disabled is 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 resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year.
(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, 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 gainfully employed and that such incapacity is likely to be permanent.
(c) A qualified resident of DeKalb County shall not receive the benefits of the homestead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of 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. Such applications shall be processed in the same manner as other applications for homestead exemption, 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; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of DeKalb County who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as pro-
vided in this section for the purpose of submitting this Act to the electors of DeKalb 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 immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

THURSDAY, MARCH 3, 1988

2099

"( ) YES ( ) NO

Shall the Act be approved which provides that each resident of DeKalb
County who is 65 years of age or over or disabled and whose net income together with the net 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 ad
valorem taxes, except school district taxes, in the amount of $14,000.00 of the value of the homestead of such resident?"

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 on January 1, 1989. If the Act is not so approved or if the election is not conducted
as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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

Representative Richardson of the 52nd moved that the House agree to the Senate substitute to HB 1721.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

SB 604. By Senator Harrison of the 37th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, so as to require coverage for human heart transplants 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.

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

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

Y Bostick Y Branch Y Brooks Y Brown
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

Connell Couch Y Cox Y Crawford Crosby
Y Cummings.B Y Cummings.M
Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer
Y Godbee

Y Goodwin Y Green Y Greene
Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Y 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 Y Lee Y Linder Y Long Y Lord Y Lucas
Y Lupton

2100

JOURNAL OF THE HOUSE,

Y Mangum 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 Y Orrock Y Padgett 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
Ramsey.T

Y Ramsey.V Randall
Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Rohinson 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 Steinherg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett

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

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

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.

The following amendment was read and adopted:

Representatives Linder of the 44th and Groover of the 99th move to amend SB 510 as follows:
By adding between Lines 6 and 7, Page 2:
"(C) To the extent permitted by the Bankruptcy Laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in (A) and (B)".

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
Atkins Y Bailey
Balkcom Y Bannister N Bargeron Y Barnett,B Y Barnett.M
YBeck Benefield
YBenn Birdsong
Y Bishop Y Bostick

Y Branch
Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell N 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
Crosby Y Cummings,B
Y Cummings.M Davis.G
Y Davis.M
Y Dixon Y Dobbs Y Dover
Dunn 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 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 YLane.D
Y Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

THURSDAY, MARCH 3, 1988

2101

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

YRay Reaves Redding
Y Richardson
Ricketson Y Robinson
Y Royal Selman Shepard
Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y 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
Townsend Y Triplett
Y Twiggs Y Waddle

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

On the passage of the Bill, as amended, the ayes were 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1007 Do Pass
Respectfully submitted, /s/ 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 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.

The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Kennedy of the 4th and Allgood of the 22nd.

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

SB 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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

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JOURNAL OF THE HOUSE,

The following substitute, offered by Representative Thomas of the 69th, was read:
A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for exceptions; to clarify an age requirement; to change certain recertification requirements; to provide that in certain counties the rules of the Department of Human Resources shall not require more than one emergency medical technician in an ambulance transporting a patient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substitute the term "paramedic" for "advanced emergency medical technician"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-2, relating to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term: (1) 'Advanced emergency medical technician' means a person who has been ccrti-
f1i1rUfUj UU~y 4L.1U1*U. PUnUtllvl^tnJUn&nilltlr* PU.L+ UnttfCt PU.UnpttrrHa ftT*I TilVll*-TUrrlll/ifUnll TIJ7A-TUrnlTllylliliUnrlr&a UnflttUrrl hnwmv-iun*tgr Ki/^r*r*n" ti/ri nuuinmrvfli
in emergency eare techniques in an advanced emergency medical technician training course approved by the Department erf Human Resources.
{2} (1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.
{8} (2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
{4} (3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources.
{6} (4) 'Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
{6} (5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
7) (6) 'Composite board' means the Composite State Board of Medical Examiners. {8} (7) 'Emergency medical services system' means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions { t occurring either as a result of the patient's condition or as a result of natural disasters or similar situations) i and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system. {9} (8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications

THURSDAY, MARCH 3, 1988

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system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system. (10) (9) 'Emergency medical technician' means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department. fH) (10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. {12} (11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15. {iS) (12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory. {i4) (13) 'License' when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.
{16} (14) 'License officer' means the commissioner of human resources or his designee.
06} (15)'Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
(16) 'Paramedic' means any person who has been certified as an advanced emergency medical technician by the composite board before July l 1988, or any person who has been certified by that board on or after July 1^ 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July lj 1988, as paramedics.
(17) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
(18) 'Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(19) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and inserting in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are required^ provided that, in any county having a population of 50,000 persons or less according to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and prescribing further, that ambulance attendants prior to employment as such must have completed the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete

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an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and
(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 3. Said chapter is further amended by striking in its entirety Code Section 31-11-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the department and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regulation, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9j the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 4. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a.) The composite board shall establish procedures and standards for certifying and recertifying advanced emergency medical technicians paramedics and cardiac technicians. An applicant for initial certification as a advanced emergency medical technician a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has completed a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board. (b) The department shall also adopt procedures and standards for its approval of advanced emergency medical technician paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter."

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Section 5. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, advanced emergency medical technicians paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, advanced emergency medical technicians paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, advanced emergency medical technician paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 6. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to advanced emergency medical technicians paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 7. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, advanced emergency medical technicians paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsections of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate authorized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for

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advanced emergency medical technicians paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed during a fiveyear period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 8. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its entirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, advanced emergency medical technicians paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics in any area in which they are already authorized to render such services."
Section 9. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by

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virtue of his certification. Any such unit to which the emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by advanced emergency medical technicians paramedics, emergency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, advanced emergency mcdieal technician's paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 10. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified advanced emergency medical technician paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 11. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows:
"(A) Are certified as emergency medical technicians, advanced emergency medical technicians paramedics, or cardiac technicians by the Beal ef- Human Resources under Chapter 11 of Title 31; and".
Section 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Mueller of the 126th moves to amend the Floor substitute to SB 573 as follows:
Strike on Page 5, Lines 29 through Page 6, Line 3.

The Floor substitute was adopted.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken

Y Alford
Y Alien Y Athon Y Atkins

Y Bailey
Y Balkcom Y Bannister Y Bargeron

Y Barnett,B
Y Barnett,M Y Beck
Benefield

Benn
Birdsong Y Bishop N Bostick

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Y Branch Y Brooks Y Brown YBuck Y Buford YByrd N 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
Connell Y Couch YCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Davis.G Y Davis.M N Dixon N Dobbs Y Dover Y Dunn Y Edwards

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

N Lane.R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford N Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N Mueller
Oliver.C Y 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 N 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 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 Waddle
Y Waldrep Walker.C
Y Walker.L Y Wall Y Ware
Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 152nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HOUSE RULES CALENDAR THURSDAY, MARCH 3, 1988
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 3, 1988, by adding the following:
SB 435 Public Records: Certain Privileges and Statutory Exemptions
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

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 certain infringements of registered trademarks and service marks.

THURSDAY, MARCH 3, 1988

2109

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

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

Y Coleman Y Colwell Y Connell Y Couch
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
Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green
Greene Greer Y Gresham Y Griffin Y Groover Hamilton Hanner Y Harris Hasty Heard Y Hensley Y Herbert Y Holcomb

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

Y Mostiler Y Moultrie
Mueller Oliver.C Y Oliver.M Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinks ton Pittman Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Ramsey.V Randall Ransom YRay 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 Smyre
Snow
Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond
Tolbert Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Wateon
Watts White Y Wilder Y Williams.B Williams,J Wilson Y Wood Y Workman Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

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.

Representative Dunn of the 73rd moved that the House insist on its position in substituting SB 575.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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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.

The following Senate substitute was read:

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 language; 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 striking 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 and the modernization of a paper machine for the Board of Regents of the University System of Georgia and to finance any other improvements associated with such purchase and installation, 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months."
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 such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 216.
The motion prevailed.

HB 1001.

By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

The following Senate substitute was read:

A BILL
To amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to change the definition of "appropriation"; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 3, 1988

2111

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by striking paragraph (1) of Code Section 45-12-71, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under such procedures as described in this part."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 1001.
The motion prevailed.

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 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.

The following Senate substitute was read:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance 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 certain definitions; 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 provide for renewals in cases of termination of agency relationships; to provide that automobile insurance policies that provide comprehensive coverage shall provide complete coverage for repair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the

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term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."
Section 2. Said chapter is further amended by inserting immediately following paragraph (2) of subsection (e) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, four new paragraphs, to be designated paragraphs (3), (4), (5), and (6) 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;
(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 uniformly 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 driver or with respect to any automobile or its replacement, except when the replacement 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 two 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.

THURSDAY, MARCH 3, 1988

2113

(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 the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (6) (A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy if the insurer has notified the agent of its intention to terminate the relationship in writing and such notice is delivered to the agent at least 180 days in advance of the date the relationship is to be terminated; provided, however, an insurer shall not be required to give such notice if the termination of the agency relationship is based upon one or more of the following reasons:
(i) Criminal misconduct or gross negligence of the agent relating to the business or premises of the insurance agency;
(ii) Fraud or moral turpitude; (iii) Intentional failure by the agent to follow the underwriting policies of the company; (iv) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent; (v) Action taken by the agent to bind the company without such company's authority, (vi) Death or disability of the agent; and (vii) Upon the insurance company's becoming insolvent or discontinuing any line of insurance for any business purpose. (B) If the termination of an agency relationship is the basis for a failure to renew a policy and if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (C) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (B) of this paragraph, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present

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agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'"
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this Code section, the term: (1) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of
such insurer to renew. (2) 'Policies' means a policy insuring a natural person as named insured against
direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner.
(3) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew."
Section 4. 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, four new subsections, to be designated subsections (j), (k), (1), and (m) 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:
(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 uniformly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and
(3) Two 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.

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(2) In addition to other requirements, a notice of nonrenewal shall contain the provisions of paragraph (1) of this subsection in substantially the form which follows:
'NOTICE
Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (m) (1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy if the insurer has notified the agent of its intention to terminate the relationship in writing and such notice is delivered to the agent at least 180 days in advance of the date the relationship is to be terminated; provided, however, an insurer shall not be required to give such notice if the termination of the agency relationship is based upon one or more of the following reasons: (A) Criminal misconduct or gross negligence of the agent relating to the business or premises of the insurance agency; (B) Fraud or moral turpitude; (C) Intentional failure by the agent to follow the underwriting policies of the company; (D) Failure by the agent to pay moneys over to the company for insurance contracts sold by the agent; (E) Action taken by the agent to bind the company without such company's authority; (F) Death or disability of the agent; and (G) Upon the insurance company's becoming insolvent or discontinuing any line of insurance for any business purpose. (2) If the termination of an agency relationship is the basis for a failure to renew a policy and if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (3) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (2) of this subsection, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'"
Section 5. Said chapter is further amended by adding at the end thereof a new Code Section 33-24-53 to read as follows:
"33-24-53. (a) As used in this Code section, the term: (1) 'Automobile insurance policy' means a policy as defined in paragraph (1) of
subsection (b) of Code Section 33-24-45. (2) 'Safety equipment' means only the glass used in the windshield, doors, and
windows and the glass, plastic, or other material used in headlights, taillights, reflectors, brake lights, and turn signals required by Code Sections 40-8-22 through 40-8-25.

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(b) Any automobile insurance policy that provides comprehensive coverage, whether designated as such or included within a broader coverage, shall provide complete coverage for repair or replacement of damaged safety equipment without regard to any deductible or minimum amount."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Ware of the 77th moved that the House disagree to the Senate substitute to HB 1268.
The motion prevailed.

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

Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

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 authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.

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

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.

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

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.

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

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

THURSDAY, MARCH 3, 1988

2117

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 Annotated, relating to uniform rules of the road for traffic offenses, so as to provide 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.

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 Annotated, relating to damage to certain property, so as to make it a felony if the damage to certain property is greater than $500.00.

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 1220 Do Pass, by Substitute HB 1637 Do Pass, by Substitute
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HB 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 commissioners, vice mayor-chairpersons, and mayor-chairperson shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, so as to provide for a reorganized government in Richmond County; to repeal the charter for the City of Augusta; to provide for other matters relating to the foregoing; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act chartering the City of Augusta as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is amended by adding a new Section 1A immediately following Section 1 to read as follows:

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"Section 1A. It is the intention of the General Assembly of Georgia to enact legislation which will provide for the reorganization of the governments of the City of Augusta and Richmond County and empower the reorganized government to exercise all of the rights, powers, duties and obligations heretofore applicable to the governing authorities of the City of Augusta and Richmond County and to any general laws, local laws, or constitutional provisions applicable or effective within the City of Augusta and Richmond County. The reorganized government shall constitute a county as well as a municipality for the application of the general laws of this state. The reorganized government may exercise the powers vested in the governing authority of the City of Augusta and municipalities generally as well as the powers vested in the governing authority of Richmond County and counties generally.
(b) To that end, an Act chartering the City of Augusta as the 'City Council of Augusta,' approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is repealed in its entirety so as to accomplish the governmental reorganization objectives set forth in subsection (a) of this section."

Section 2. This Act shall be approved by the mayor and city council of Augusta at a regular or special meeting prior to the referendum provided for in Section 3 of this Act.

Section 3. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Augusta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Augusta for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Augusta. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which amends the charter of the City of Augusta so as to provide for the reorganization of the governments of the City of Augusta and Richmond County and to that end repeals the charter of the City of Augusta to accomplish such governmental reorganization?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question by the electors of the City of Augusta are for approval of the Act, it shall become of full force and effect as provided in Section 3 of this Act; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by the City of Augusta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 4. This Act shall become effective only in the event an Act enacted by the General Assembly of Georgia at its regular session in 1988 providing for a reorganized government in Richmond County (HB 1637) is approved in a referendum by a majority of the voters voting throughout the territorial limits of Richmond County.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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The following Committee substitute was read:

A BILL
To provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the governing authority of Richmond County with both county and municipal powers; to provide for the election of the chairman and the other members of the commission-council; to provide for commission-council districts; to provide for qualifications of commissioners-councilpersons; to define the term "House District"; to provide for the election of the chairman and the other members of the commission-council by a majority vote of the voters voting within each respective commission-council district; to provide for terms of office; to provide that the chairman shall be the chief executive officer of the Augusta-Richmond County Commission-Council; to provide for compensation for the chairman and the other members of the commission-council; to provide for the executive and administrative powers and duties of the chairman; to provide for filling vacancies in the office of commissioner-councilperson; to provide for filling a vacancy in the office of chairman; to provide for a quorum; to provide for the payment of bonded indebtedness of the City of Augusta and Richmond County; to create an Urban Services District and a Suburban Services District; to provide that such districts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the continuation of existing ordinances and resolutions of the board of commissioners of Richmond County; to provide for the continuation of existing ordinances and resolutions of the city council of Augusta; to provide for a budget and tax levy by the board of commissioners of Richmond County and the city council of Augusta for calendar year 1990; to provide that tax assessments made by the board of tax assessors of Richmond County and the City of Augusta shall constitute the basis for the assessment and collection of taxes of the commission-council for calendar year 1990; to provide that the 1990 tax levy for the City of Augusta shall be levied by the commission-council only within the Urban Services District; to provide for amendments to the budget for calendar year 1990; to provide that any special services district existing in Richmond County or the City of Augusta in 1989 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result with and shall not be implemented to result with the termination of any employees of Richmond County or the City of Augusta; to provide that the sheriff of Richmond County shall be the chief law enforcement officer in Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the former Augusta Police and Richmond County Sheriffs Department; to provide that the chief of the Augusta Fire Department shall be the chief firefighter throughout Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the Augusta Fire Department and the Richmond County Fire Department; to provide for equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to create a transition task force; to provide for the duties and responsibilities of the transition task force; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta by the transition task force; to provide that the transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta; to provide that members of the transition task force shall receive no compensation for their services as such members; to provide for construction of certain Acts; to provide for the creation of special services tax districts; to provide that ad valorem taxes and service charges and fees shall be collected according to the kind, character, type, and degree of district services provided by the commission-council within such special services tax districts; to provide for other matters relative to the foregoing; to provide for

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the approval of this Act by the board of commissioners of Richmond County prior to referendum; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of Richmond County shall be a board of commissioners of said county consisting of ten members. Said board is designated as the AugustaRichmond County Commission-Council hereinafter referred to as the "commission-council," and the members of said board are designated and hereinafter referred to as "commissioners-councilpersons." The commission-council shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this Act or heretofore applicable to the governing authorities of the City of Augusta and Richmond County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Augusta and Richmond County. The commission-council shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The commission-council may exercise the powers vested in the governing authority of the municipality and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally. The commission-council shall be elected as provided in Section 2 of this Act and shall become the governing authority of Richmond County on January 1, 1990.
Section 2. (a) For the purpose of electing members of the commission-council, Richmond County is divided into ten commission-council districts as follows:
Commission-Council District 1 - All of Richmond County. Commission-Council District 2 - That portion of Richmond County lying within House Districts 85 and 88. Commission-Council District 3 - That portion of Richmond County lying within House Districts 86 and 89. Commission-Council District 4 - That portion of Richmond County lying within House Districts 87 and 90. Commission-Council District 5 - That portion of Richmond County lying within House District 85. Commission-Council District 6 - That portion of Richmond County lying within House District 86. Commission-Council District 7 - That portion of Richmond County lying within House District 87. Commission-Council District 8 - That portion of Richmond County lying within House District 88. Commission-Council District 9 - That portion of Richmond County lying within House District 89. Commission-Council District 10 - That portion of Richmond County lying within House District 90. (b) All members of the commission-council including the chairman shall be full voting members of the commission-council. (c) No person shall be eligible to serve as a commissioner-councilperson unless he or she: (1) has been a resident of the commission-council district from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commission-council district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (d) Each commission-council member shall be paid an annual salary of $10,000.00. Future changes in the salary and expenses of the commission-council members shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. (e) As used in subsection (a) of this section, "House District" means representative districts of the Georgia House of Representatives specified in Code Section 28-2-1 of the O.C.G.A., as such Code section existed on July 1, 1983.

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Section 3. (a) It shall be the duty of the election superintendent of Richmond County to call and conduct a special election in Richmond County on Tuesday following the first Monday in November, 1989, for the purpose of electing the chairman and three other members of the Augusta-Richmond County Commission-Council created by this Act. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The special election shall be conducted in accordance with the provisions of Chapter 2 of Title 1 of the O.C.G.A., known as the "Georgia Election Code."
(1) The commissioner-councilperson elected to represent Commission-Council District 2 shall be elected at such special election and shall take office on the first day of January, 1990, for a term of office of one year and until a successor is elected and qualified.
(2) The commissioner-councilpersons elected to represent Commission-Council Districts 3 and 4 shall be elected at such special election for terms of office of three years each and until their successors are elected and qualified. (b) (1) Those members of the board of commissioners of Richmond County representing Commissioner Districts 3, 5, and 6 on January 1, 1990, whose terms of office expire December 31, 1990, shall continue to serve for the remainder of their terms and shall be deemed to represent Commission-Council Districts 7, 9, and 10, respectively.
(2) Those members of the board of commissioners of Richmond County representing Commissioner Districts 1, 2, and 4 on January 1, 1990, whose terms of office expire December 31, 1992, shall continue to serve for the remainder of their terms and shall be deemed to represent Commission-Council Districts 5, 6, and 8, respectively.
(3) Successors to the members of the commission-council representing Commission-Council Districts 7, 9, and 10 shall be elected at the general election in November, 1990, and shall take office on the first day of January following their election for terms of four years each and until their successors are elected and qualified.
(4) Successors to the members of the commission-council representing Commission-Council Districts 5, 6, and 8 shall be elected at the general election in November, 1992, and shall take office on the first day of January following their election for terms of four years each and until their successors are elected and qualified. (d) Thereafter, the chairman and other members of the commission-council shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (e) Each member of the commission-council and the chairman shall be elected by a majority of the voters voting within each respective commission-council district. All members of the commission-council and the chairman 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 4. The chairman shall be elected from Commission-Council District 1. The first chairman shall be elected at the special election conducted in November of 1989. The chairman shall be elected for an initial term of office of three years beginning on January 1, 1990, and until his or her successor is elected and qualified. Thereafter, successors to the chairman shall be elected at the general election immediately preceding the expiration of his or her term of office and he or she shall take office on the first day of January immediately following his or her election for a term of office of four years and until his or her successor is elected and qualified.
Section 5. The chairman who is elected at the special election in November of 1989, and successors in that office shall be the chief executive officer of Richmond County and the City of Augusta. The chairman shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the commission-council; (2) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (3) To administer oaths and to take affidavits;

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(4) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing;
(5) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed;
(6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council; and
(7) The chairman shall be considered full time and he or she shall receive an annual salary of $45,000.00. Future changes in the salary and expenses of the chairman shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A.
Section 6. (a) A vacancy which occurs in the membership of the commission-council by death, resignation, removal from the commission-council district, or for any other reason shall be filled by the remaining members of the commission-council appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as hereinafter provided. When the unexpired term exceeds 28 calendar months, a special election shall be held in the commission-council district in which the vacancy occurred on the same date as the next succeeding general election to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(b) No person shall fill a vacancy for an unexpired term by appointment of the commission-council unless that person receives a majority of the votes of the full commission-council.
(c) In the event the office of chairman becomes vacant for any reason, the election superintendent of Richmond County shall issue the call for a special election to fill the vacancy for the unexpired term. During the interim until a new chairman is elected, the commission-council by a majority vote of its full membership shall elect from among its members an acting chairman who shall be empowered to exercise all of the powers and duties of the chairman of the commission-council.
Section 7. Seven members of the commission-council shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least six members shall be required for the commission-council to take official action. Official action of the commission-council shall be entered upon its minutes. Any member of the commissioncouncil shall have the right to request a roll-call vote.
Section 8. (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1990, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1989. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1990, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were heretofore imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the heretofore existing governing authority of the City of Augusta for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.
(b) The bonded indebtedness of Richmond County outstanding on January 1, 1990, shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the heretofore existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.
Section 9. (a) (1) There is created an Urban Services District which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1989.

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(2) Any public funds on deposit or invested in certificates of deposit in the name of the City of Augusta on December 31, 1989, shall accrue to the Urban Services District and shall be utilized exclusively for the benefit of citizens residing in the Urban Services District. (b) (1) There is created a Suburban Services District which shall correspond to and be conterminous with the unincorporated area of Richmond County as the unincorporated area of Richmond County existed on December 31, 1989. In addition, the Suburban Services District shall also include the territory embraced within the corporate limits of the City of Hephzibah and the corporate limits of the Town of Blythe, exclusive of any territory in Burke County lying and being in the Town of Blythe, as said corporate limits existed on December 31, 1989.
(2) Any public funds on deposit or invested in certificates of deposit in the name of Richmond County on December 31, 1989, shall accrue to the Suburban Services District and shall be utilized exclusively for the benefit of citizens residing in the Suburban Services District. (c) The Water and Sewage Sinking Fund, the Airport Sinking Fund, and the Airport Sinking Fund No. 2 shall accrue to the benefit of the citizens residing in the Urban Services District and the Suburban Services District. These sinking funds are to be retired as provided in the anticipated revenue certificates and are not considered bonded indebtedness of the City of Augusta. (d) The Urban Services District and the Suburban Services District created by this section shall continue in existence until the commission-council modifies or abolishes such districts by ordinance duly adopted by the commission-council.
Section 10. (a) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed.
(b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1990, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commissioncouncil, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations.
(c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1990, only within the unincorporated area of Richmond County shall be effective only in the suburban services district described in subsection (b) of Section 9 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations.
(d) Existing ordinances and resolutions of the city council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed.
(e) Existing ordinances and resolutions of the city council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the urban services district described in subsection (a) of Section 9 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations.
Section 11. (a) The budget and tax levy of the board of commissioners of Richmond County and the city council of Augusta, adopted for calendar year 1990, shall serve as the budget and tax levy of the commission-council for calendar year 1990.
(b) The tax assessments made by the board of tax assessors of Richmond County and the City of Augusta as of January 1, 1990, shall constitute the basis for the assessment and collection of taxes of the commission-council for calendar year 1990.

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(c) Amendments to the budget for calendar year 1990 provided by subsection (a) of this section may be made by resolution or ordinance duly adopted by the commissioncouncil during calendar year 1990.
(d) Any special services district existing in Richmond County or the City of Augusta in 1989 shall continue to exist until it is modified or abolished by the commission-council.
(e) In assessing ad valorem taxes, the commission-council shall assess within the Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmental services available therein that are not furnished in the Suburban Services District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in the Urban Services District and taxed accordingly.
(f) For purposes of this section, governmental services shall include fire protection of a higher class, garbage pickup, governmental water and sewer services, and such other services as may be provided only in the Urban Services District.
(g) (1) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental service or services are furnished but not to the extent as in the Urban Services District. Property within said special service districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services.
(2) Property owners within the Suburban Services District shall not be obligated to pay any user fees for services they do not receive. (h) It is the purpose of this section that property shall be subject to taxation in relation to services received. (i) Without limiting any of the foregoing provisions of this section, on the date that the commission-council implements the provisions of this Act, the residential, commercial, and industrial rates charged for water and sewerage services shall be the same within the Urban Services District as within the Suburban Services District.
Section 12. (a) All employees and former employees of Richmond County and the City of Augusta and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights which had accrued to them prior to January 1, 1990, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Richmond County or the mayor and city council of Augusta. The commission-council shall assume on January 1, 1990, all obligations arising under all such pension plans, but the assumption of such obligations by the commission-council shall not create any obligation on the part of the commission-council or create any right which did not exist prior to January 1, 1990.
(b) This Act shall not result with and shall not be implemented to result with the termination of employment of any employees of Richmond County or the City of Augusta or of any agency, instrumentality, commission, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment contract which did not exist prior to January 1, 1990.
Section 13. (a) The sheriff of Richmond County shall perform his or her constitutional and statutory duties as the chief law enforcement officer throughout the entire limits of Richmond County.
(b) The commission-council in cooperation with the sheriff shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Augusta Police Department and the Richmond County Sheriffs Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Richmond County.
(c) The chief of the former Augusta Fire Department shall perform his or her official duties as the chief firefighter throughout the entire limits of Richmond County.
(d) The commission-council in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Augusta Fire Department and the Richmond County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Richmond County.

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Section 14. The commission-council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin. No reorganization of the delivery of services shall be undertaken that results in reduced employment or employment opportunities for any minority group.
Section 15. (a) After their election but prior to their taking office on January 1, 1990, the first chairman and the commissioners-councilpersons elected under Sections 3 and 4 of this Act and the mayor of the City of Augusta and the chairman of the board of commissioners of Richmond County shall constitute a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on January 1, 1990. The mayor of the City of Augusta and the chairman of the board of commissioners of Richmond County shall serve as cochairpersons of the transition task force. The transition task force shall meet on the call of either of the cochairpersons for the purpose of planning for and scheduling the initial organization of the government in accordance with the applicable provisions of this Act.
(b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commissioncouncil on January 1, 1990. The transition task force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special services tax districts, which should be considered for adoption by the commission-council at its first regular meeting held in January, 1990, or at a regular meeting of the commission-council held as soon thereafter as practicable.
(c) All officers, officials, including elected officials, and employees of Richmond County and the City of Augusta shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County and the City of Augusta and all officers, officials, and employees and departments thereof. Richmond County and the City of Augusta shall, to the extent possible, provide working areas and facilities for the transition task force.
(d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members.
Section 16. Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748), or an Act creating a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801).
Section 17. The commission-council shall create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission-council within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission-council. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution.
Section 18. The commission-council shall have the authority upon two-thirds of those elected to the commission-council including the chairman to change the provisions herein.
Section 19. This Act shall be approved by the board of commissioners of Richmond County at a regular or special meeting prior to the referendum provided for in Section 20 of this Act.
Section 20. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Richmond County shall call and conduct an election for the purpose of submitting this Act to the electors of Richmond County for approval or rejection.

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The superintendent shall set the date of such election on the same date as the general election in November, 1988. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which creates a board of commissioners designated as the Augusta-Richmond County Commission-Council consisting of a chairman and nine other commissioner-councilpersons to administer, govern, and operate a reorganized government in Richmond County with both county and municipal powers?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question by the electors of Richmond County are for approval of the Act, it shall become of full force and effect as provided in Section 21 of this Act; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by Richmond County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 21. This Act shall become effective only in the event an Act enacted by the General Assembly of Georgia at its regular session in 1988 amending the charter of the City of Augusta so as to provide for a reorganized government in Richmond County and providing for the repeal of said charter (HB 1220) is approved in a referendum by a majority of the voters voting within the City of Augusta.

Section 22. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Connell of the 87th, et al, move to amend the Committee substitute to HB 1637 as follows:
Page 11, line 31, after the word "District", add "and Urban Services District."
Page 14, line 29, after the word "the" add "Urban Services District and"
Page 19, lines 7, 8, & 9, delete "The superintendent shall set the date of such election on the same date as the general election in November, 1988."

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 110, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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.

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The following Senate amendment was read:

Amend HB 1617 by striking from lines 4 and 14 of page 1 and from line 13 of page 5 the following:
"62",
and inserting in lieu thereof the following: "65".

Representative Pittman of the 60th moved that the House agree to the Senate amendment to HB 1617.
On the motion the ayes were 120, nays 0.
The motion prevailed.
HB 1634. By Representative Holmes of the 28th:
A bill to provide for urban enterprise zones in the City of Atlanta.
The following Senate substitute was read:
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 inventories 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 provide 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 Enterprise 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 economic 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.

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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 previously 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 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 station. (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 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 examination 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

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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 contains 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. (b) A zone for residential purposes may only be created in an area of the city composed 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 1,000 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 may extend into a census tract which does not comply with the requirements 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. (e) 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 (d) 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

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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 property within a zone only from ad valorem taxation for city purposes. The board of commissioners, 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 Community 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:
(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 personal 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 shipment 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 inventory 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 transit" 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 creation 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:

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(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 creation 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 (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 ordinance 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 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 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 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 subsection. 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 improve-
ments 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, non-
residential 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.

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(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 contains 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 completely 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 taxation 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 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, immediately 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 Assessors 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 property 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 preceding 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;

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(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.

Representative Holmes of the 28th moved that the House agree to the Senate substitute to HB 1634.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

SB 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 provide 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 following Committee substitute was read and adopted:

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 provide for definitions; to provide, under certain circumstances, that certain records are open to the public and certain records are not open to the public; to provide for certain privileges and statutory exceptions; to provide for copying fees and costs; to provide for civil and criminal enforcement; to provide for judicial powers and remedies and exceptions thereto; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows:
"50-18-70. (a) As used in this article, the term: (1) 'Public record' shall mean all documents, papers, letters, maps, books, tapes,
photographs, or similar documentary material prepared and required to be maintained or received in the course of the operation of a public office or agency.

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(2) 'County' or 'municipal' records includes the public records of: (A) The governing authority of every county, municipal corporation, school dis-
trict, or other political subdivision of this state; (B) Every department, agency, board, bureau, commission, authority, or similar
body of each such county, municipal corporation, or other political subdivision of the state; and
(C) Every city, county, regional, or other authority established pursuant to the laws of this state. (3) 'State' records includes the public records of every state department, agency, board, bureau, commission, and authority. 4a) (b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection ef by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen. {b) (c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days."
Section 2. Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
(b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25$ per page.
(d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour.
(e) An agency shall utilize the most economical means available for providing copies of public records."
Section 3. Said article is further amended by striking Code Section 50-18-72 which reads as follows:
"50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not

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be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(b) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confidential nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.",
and inserting in lieu thereof a new Code section to read as follows:
"50-18-72. (a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential;
(2) Personnel, medical, or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy;
(3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution techniques and procedures, endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;
(5) Records that consist of confidential evaluations submitted to a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations and final actions related to the suspension, firing, or investigation of complaints against public officers or employees; and in addition, any material deemed by the agency to be unverified, scandalous, or totally without foundation may be withheld by the agency subject only to order of court that the public right to know demands production of the material and that the public right outweighs the reasons of the agency for not pro-
ducing the material; (6) Real estate appraisals, engineering or feasibility estimates, or other records
made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has
been terminated or abandoned.
(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprie-
tary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific,
technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or informa-
tion has not been publicly released, published, copyrighted, or patented. This limitation

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shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.
(c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article and except for data, records, or information of a proprietary nature not involving:
(A) The allocation of public funds received by such authority from a county or municipality;
(B) The sale of any hospital or health care facility owned by such authority; (C) The termination of any services previously provided in any hospital or health care facility owned by such authority; or (D) Salary data about authority employees. (2) All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. (d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law. (e) This article shall not be construed to repeal: (1) The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; (2) The confidentiality of attorney work product; or (3) State laws making certain tax matters confidential. (f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying."
Section 4. Said article is further amended by striking Code Section 50-18-73, relating to enforcement of open records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-73. The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. T-he Absent substantial justification by the other party, the court may award to the prevailing party reasonable attorney's fees and other litigation expenses reasonably incurred in bringing or defending the action to enforce compliance with this article, in addition to such other relief as may be granted by the court."
Section 5. Said article is further amended by adding at the end thereof a new Code Section 50-18-75 to read as follows:
"50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, the Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established

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under this Code section is in addition to any other constitutional, statutory, or common law privilege."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams.G Y Adams,M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck
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
Connell Y Couch YCoi
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 YGaler YGodbee 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 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 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 YMilam 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 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 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 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 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, by substitute, the ayes were 172, 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 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.

Representative Clark of the 13th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1873.

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The motion prevailed.

The following House substitute to the Senate substitute to HB 1873 was read and adopted:

A BILL
To amend an Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to change certain provisions relating to meetings of the board; to change certain provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. The board shall meet at least twice a month at 7:00 P. M. on the second and fourth Tuesday; provided, however, that if a meeting is scheduled on a holiday, such meeting will be held on the Wednesday following such holiday. The board shall set the time for such meetings, and public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect."
Section 2. Said Act is further amended by striking subsection (a) of Section 9 and inserting in its place a new subsection (a) to read as follows:
"(a) The chairman of the board of commissioners of Madison County shall receive an annual salary in an amount equal to the annual salary now or hereafter received by the sheriff of Madison County; provided, however, that the annual salary of the chairman in office on December 31, 1988, shall not be less than the annual salary received by such chairman for the year 1988. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $3,000.00 per annum, payable in equal monthly installments from county funds. The vice-chairman of the board of commissioners shall receive an additional $600.00 per year payable in equal monthly installments from county funds."
Section 3. This Act shall become effective on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Clark of the 13th moved that the House agree to the Senate substitute, as substituted by the House, to HB 1873.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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2139

HB 1894.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County School System ad valorem taxes, including taxes to retire bonded indebtedness of the Cobb County School System, for residents of the Cobb County School District who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year; to provide for a statement of authority.

The following Senate amendment was read:

Amend HB 1894 by striking from line 3 of page 1, line 26 of page 1, and line 30 of page 4 the following:
"including",
and inserting in lieu thereof the following: "except".

Representative Wilder of the 21st moved that the House agree to the Senate amendment to HB 1894.
On the motion the ayes were 120, nays 0.
The motion prevailed.

HB 1895.

By Representatives Wilder of the 21st, Gresham of the 21st, Aiken of the 21st, Atkins of the 21st and Thompson of the 20th:
A bill to provide for a homestead exemption of $22,000.00 from all Cobb County ad valorem taxes, including taxes to retire bonded indebtedness, except ad valorem taxes for the Cobb County School System and taxes to retire bonded indebtedness of the Cobb County School System, for residents of Cobb County who are disabled and who have a net income not exceeding $12,000.00 for the immediately preceding taxable year.

The following Senate amendment was read:

Amend HB 1895 by striking from line 2 of page 1 and from line 1 of page 2 the following:
"including", and inserting in lieu thereof the following:
"except". By striking from line 3 of page 1 and from line 2 of page 2 the following: "except". By adding a comma after "System" on line 4 of page 1 and line 3 of page 2. By Adding after the word "except" on line 4 of page 5 the following: "taxes to retire bonded indebtedness and".

Representative Wilder of the 21st moved that the House agree to the Senate amendment to HB 1895.

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JOURNAL OF THE HOUSE,

On the motion the ayes were 120, nays 0. The motion prevailed.
The following Resolution of the House was read:

HR 1008. By Representatives Murphy of the 18th, Benn of the 38th, Martin of the 26th, Lupton of the 25th, Couch of the 40th and others:
A resolution recognizing and commending Honorable John Wesley Greer.

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

Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck 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 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 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 Y Mangum Y Martin YMcCoy 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 01iver,M
Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding 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 178, nays 0. The Resolution was adopted.

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 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 Y Murphy.Spkr

Representative Phillips of the 120th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following 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:

THURSDAY, MARCH 3, 1988

2141

HB 1243. By Representative Edwards of the 112th:
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 chiropractic by allowing chiropractors to utilize nutrition.

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

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following 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 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 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.

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

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 Annotated, 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 following Resolutions of the House and Senate were read and adopted:

HR 1009. By Representative Waddle of the 113th: A resolution commending Coach Stan Gann.

HR 1010. By Representative Adams of the 79th: A resolution commending the Thurston School.

HR 1011.

By Representatives Hamilton of the 124th, Triplett of the 128th, Pannell of the 122nd, Kingston of the 125th, Alien of the 127th and Mueller of the 126th:
A resolution commending Harold R. Acres.

HR 1012. By Representatives Bishop of the 94th, Robinson of the 96th, Galer of the 97th, Buck of the 95th and Smyre of the 92nd:
A resolution expressing regret at the passing of Jesse Ralph Owens.

HR 1013. By Representative Adams of the 79th: A resolution commending Rev. and Mrs. Worth Huckaby.

THURSDAY, MARCH 3, 1988

2143

HR 1014. By Representative Adams of the 79th: A resolution commending Coach Tommy Perdue.

HR 1015. By Representative Adams of the 79th: A resolution commending Ms. Mary Daniel.

HR 1016. By Representative Crawford of the 5th:
A resolution relative to the one hundred fiftieth anniversary of Chattooga County.

HR 1017. By Representative Crawford of the 5th: A resolution commending Mr. Stacey Searles.

HR 1018. By Representative Shepard of the 71st: A resolution commending the Sellers-Smith Funeral Home, Inc.

HR 1019. By Representatives Barnett of the 10th, Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending Mrs. Eileen B. White.

HR 1020. By Representative Ray of the 98th:
A resolution expressing condolences at the passing of Mr. Adam Clinton "Boots" Lavender.

HR 1021. By Representatives Twiggs of the 4th, Jackson of the 9th, Colwell of the 4th, Bargeron of the 108th, Athon of the 57th and Mangum of the 57th:
A resolution supporting the Georgia Public Safety Memorial.

SR 418. By Senator Bowen of the 13th: A resolution supporting the Georgia Public Safety Memorial.

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

HR 1007.

By Representatives Alford of the 57th, Clark of the 55th, Steinberg of the 46th, Richardson of the 52nd, Mangum of the 57th and others:
A resolution commending Honorable Cas Robinson 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 Senate was taken up for consideration and read the third time:

SB 589. By Senator Perry of the 7th:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insurers to guarantee certain consumer warranty agreements; to provide for related matters.

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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 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 amendment thereto:

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.

The following Senate amendment was read:

Amend HB 1885 by striking from lines 19 through 21 of page 1 the following:
", provided that on or after November 1, 1988, the salary of the judges of the State Court of Cobb County shall be $68,100.00 per annum".

Representative Isakson of the 21st moved that the House agree to the Senate amendment to HB 1885.
On the motion the ayes were 120, nays 0.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Resolution of the House was read and adopted:

HR 1022. By Representatives Martin of the 26th and Oliver of the 53rd: A resolution recognizing and commending Gary Leshaw and Carla Dudeck.

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

SB 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 Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 3, 1988

2145

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee:
(D (A) The office of the sheriff; (3) (B) The county department of family and children's services; {3} (C) The office of the district attorney; {4} (D) The juvenile court; {6} (E) The magistrate court; {6} (F) The county board of education; and {7} (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; and (I) The office of the chief of police of the largest municipality in the county. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, relating to access to and use of public facilities by physically handicapped 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to 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; to add a provision relating to enforcement of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by striking the period at the end of subparagraph (B) of paragraph (7) of Code Section 30-3-2, relating to definitions, and inserting in its place a semicolon and by adding a new subparagraph (C) to read as follows:

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"(C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision."
Section 2. Said chapter is further amended by striking Code Section 30-3-3, relating to applicable standards and specifications for making buildings and facilities accessible to handicapped persons, and inserting in its place a new Code Section 30-3-3 to read as follows:
"30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) or subparagraph (C) of paragraph (7) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to the this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted."
Section 3. Said chapter is further amended by striking Code Section 30-3-4, relating to specific amenities to be provided with regard to physically handicapped persons, and inserting in its place a new Code Section 30-3-4 to read as follows:
"30-3-4. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals, except as otherwise provided in paragraph (6) and subparagraph (C) of paragraph (7) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate:
(1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2);
(2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and

THURSDAY, MARCH 3, 1988

2147

(4) Accessible seating, tables, and work surfaces in a reasonable number."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 30-3-4.1, relating to parking lot spaces for handicapped persons, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, shall include at least one parking space for handicapped persons accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance at 60 inches in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver."
Section 5. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 30-3-5, relating to administration and enforcement of the chapter, and substituting in lieu thereof the following:
"(f) (1) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
(2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph (7) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of paragraph (7) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subparagraph (C) of paragraph 7) of Code Section 30-3-2."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 458 Do Pass, by Substitute
Respectfully submitted, /s/ Jackson of the 9th
Chairman

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JOURNAL OF THE HOUSE,

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

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.

The following Senate substitute was read:

A BILL
To amend an Act providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a city charter for the City of Fayetteville in the County of Fayette, approved March 4, 1970 (Ga. L. 1970, p. 2243), as amended, is amended by adding immediately following Section 1.02 a new Section 1.025 to read as follows:
"Section 1.025. Notwithstanding any other provision of law or any ordinance or resolution adopted by the governing authority of the City of Fayetteville, the following described property is deannexed from and is not a part of the corporate limits of the City of Fayetteville:
TRACT 1
All that tract or parcel of land lying and being in Land Lots 6, 7, 26, 27, 28 and 38 of the 7th District of Fayette County, Georgia, and being more particularly described as follows:
COMMENCING at the common corner of Land Lots 27, 28, 37 and 38 of the 7th District and running thence south 87 degrees 52' 00" west along the south line of Land Lot 38 a distance of 1,508.58 feet to a point marked by an iron pipe; running thence north 01 degree 03' 40" west a distance of 1,799.13 feet to a point marked by an iron pipe; running thence southeasterly, easterly and northerly along a fence line the following courses and distances: south 77 degrees 30' 00" east 311.86 feet; south 83 degrees 38' 50" east 85.73 feet; north 89 degrees 17' 50" east 89.12 feet; north 88 degrees 43' 30" east 201.62 feet; north 69 degrees 55' 50" east 37.53 feet; north 68 degrees 05' 00" east 165.27 feet; north 52 degrees 45'10" east 165.87 feet; north 31 degrees 00' 10" east 30.60 feet; north 04 degrees 00' 00" east 53.62 feet; north 03 degrees 26' 30" east 71.25 feet; north 02 degrees 52' 00* west 138.85 feet to a point on the southerly side of Huiet Drive; thence crossing Huiet Drive north 09 degrees 08' 00" east a distance of 35.00 feet to a point marked by an iron pipe; running thence north 08 degrees 33' 00" east a distance of 746.47 feet to a point marked by a conduit on the north line of Land Lot 38; running thence along the north line of Land Lot 38 north 86 degrees 40' 00" east a distance of 348.85 feet to a point marked by an iron bar on the line between Land Lots 27 and 38; running thence along the west line of Land Lot 26 north 00 degrees 14' 10" west a distance of 63.45 feet to a point marked by an iron pipe; running thence north 89 degrees 13' 10" east a distance of 705.93 feet to a point marked by an iron pipe; running thence north 02 degrees 36' 00" west a distance of 638.77 feet to a point marked by a fence corner; running thence along said fence line north 87 degrees 42' 20" east a distance of 847.00 feet to a point; continuing thence along said fence line north 01 degrees 01' 30" east a distance of 706.00 feet to a point marked by a fence corner post; continuing thence along said fence line north 88 degrees 29' 20" east a distance of 1554.25 feet to a point on the north line of Land Lot 26 and the south line of Land Lot 7; running thence along said Land Lot line north 00 degrees 12' 30" west a distance of 1196.49 feet to a point

THURSDAY, MARCH 3, 1988

2149

where the center line of Lester Road intersects said Land Lot line; running thence along the center line of Lester Road the following courses and distances; south 28 degrees 02' 40" east 204.85 feet; south 66 degrees 43' 20" east 216.95 feet; south 76 degrees 08' 20" east 186.01 feet; south 78 degrees 19' 10" east 378.17 feet; south 77 degrees 17' 40" east 578.74 feet to a point and corner; running thence south 01 degrees 23' 40" east a distance of 2067.38 feet to a point on the south line of Land Lot 7 and the north line of Land Lot 6; running thence along said Land Lot line north 88 degrees 52' 20" east a distance of 121.32 feet to a point marked by a concrete monument; running thence south 01 degrees 14' 10" east a distance of 2903.07 feet to a point marked by a concrete monument which point is on the south line of Land Lot 6 and the north line of Land Lot 5; running thence south 87 degrees 53' 40" west along said Land Lot line a distance of 1650.92 feet to a point at the common corner of Land Lots 5, 6, 27 and 28; running thence south 02 degrees 33' 20" east a distance of 1485.50 feet to a point marked by a concrete monument; running thence south 87 degrees 45' 20" west a distance of 1566.68 feet to a point marked by a concrete monument; running thence north 01 degrees 33" 40" west a distance of 1236.99 feet to a point marked by an iron pin; running thence south 88 degrees 36' 40" west a distance of 1461.65 feet to a point marked by an iron pipe; running thence north 03 degrees 35' 50" west a distance of 270.04 feet to the common corner of Land Lots 27, 28, 37 and 38 at the point of beginning.
Said property contains 536.812 acres of land as shown on a plat of survey of Property of Ben T. Huiet, dated September 1972, revised June 1974 and prepared by Roger L. Cordes & Associates, Registered Land Surveyors; said plat being recorded at Plat Book 8, Page 161, Fayette County, Georgia Records.
TRACT 2
All that tract or parcel of land lying and being in Land Lots 38 and 39 of the 7th District of Fayette County, Georgia, and being more particularly described as follows:
COMMENCING at a point located at the intersection of the center line of Huiet Drive (an unpaved road) with the southerly right of way line of Georgia Highway 54 (80 foot right of way); thence running westerly along said southerly right of way line of Georgia Highway 54 the following courses and distances: South 75 degrees 43 minutes 10 seconds West 149.92 feet; South 81 degrees 19 minutes 30 seconds West 76.41 feet; South 83 degrees 33 minutes 10 seconds West 286.84 feet; South 83 degrees 12 minutes 50 seconds West 169.79 feet; South 82 degrees 19 minutes 00 seconds West 106.99 feet to a point and corner; Thence South 00 degrees 57 minutes 50 seconds East 1,760.75 feet to a point marked by a 2" pipe on the South Land Lot line of Land Lot 39; thence South 01 degree 25 feet 30 seconds East 1, 148.73 feet to a point marked by a 1 Vt inch pipe; thence southeasterly, easterly and northerly along a fence line the following courses and distances; South 77 degrees 30 minutes 00 seconds East 311.86 feet; South 83 degrees 38 minutes 50 seconds East 85.73 feet; North 89 degrees 17 minutes 50 seconds East 83.12 feet; North 88 degrees 43 minutes 30 seconds East 201.62 feet; North 69 degrees 55 minutes 50 seconds East 37.53 feet; North 68 degrees 05 minutes 00 seconds East 165.27 feet; North 52 degrees 45 minutes 10 seconds East 165.87 feet; North 31 degrees 00 minutes 10 seconds East 30.60 feet; North 04 degrees 00 minutes 00 seconds East 53.62 feet; North 03 degrees 26 minutes 30 seconds East 71.25 feet; North 02 degrees 52 minutes 00 seconds West 138.85 feet to a point marked by a 1 inch pipe on the southerly side of Huiet Drive; thence North 09 degrees 08 minutes 00 seconds East 17.50 feet to a point on the centerline of Huiet Drive; running thence along the center line of Huiet Drive the following courses and distances: North 62 degrees 33 minutes 50 seconds West 104.26 feet; North 56 degrees 25 minutes 30 seconds West 102.05 feet; North 49 degrees 55 minutes 40 seconds West 117.31 feet; North 42 degrees 02 minutes 10 seconds West 150.81 feet; North 25 degrees 06 minutes 10 seconds West 129.50 feet; North 00 degrees 09 minutes 50 seconds East 138.77 feet; North 08 degrees 26 minutes 00 seconds East 260.06 feet; North 08 degrees 03 minutes 40 seconds East 178.05 feet; north 08 degrees 01 minute

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10 seconds East 297.03 feet; North 07 degrees 28 minutes 50 seconds East 365.99 feet; North 02 degrees 02 minutes 10 seconds West 174.21 feet; North 01 degree 32 minutes 30 seconds West 253.13 feet; North 01 degree 04 minutes 40 seconds West 224.00 feet; North 01 degree 50 minutes 10 seconds West 324.09 feet to the point of beginning.
Said property consists of 53.922 acres of land as shown on plat of survey of property for Southwood Property Corporation dated September, 1972, revised November 1976, and prepared by Roger L. Cordes & Associates, Registered Land Surveyors; said plat being recorded at Plat Book 9, Page 170, Fayette County, Georgia.
TRACT 3
All that tract or parcel of land lying and being in Land Lots 4, 28, 29 & 30 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
COMMENCING at a point marked by a concrete monument located at the intersection of the East line of Land Lot 28 with the Southerly Right of Way of Davis Road; running thence South 2 degrees 31' 30" east along the line between Land Lots 5 & 28 a distance of 1,511.45 ft. to a point marked by an iron pin which is located at the common corner of Land Lots 4, 5, 28 & 29; running thence South 5 degrees 47' 30" East a distance of 1,425.5 ft. to a point marked by an iron pin; running thence South 2 degrees 04' East a distance of 1,595.8 ft. to a point which has been referred to in previous plats as the common corner of Land Lots 3, 4, 29 & 30; running thence South 96 degrees 40' West a distance of 60 ft.; running thence South 0 degree 58' East a distance of 973.6 ft. to a point on the Northeasterly Right of Way of Ebenezer Church Road (said road having an 90 ft. wide Right of Way); running thence Northwesterly along the Northeasterly Right of Way of Ebenezer Church Road and following the curvature thereof a distance of 1,514.3 ft. to a point; running thence North 2 degrees 53' 30" West a distance of 797.0 ft. to a point; running thence South 88 degrees 44' West a distance of 316.5 ft. to a point; running thence North 1 degree 19' West a distance of 392.2 ft. to a point marked by an concrete monument; running thence North 87 degrees 57' 30" East a distance of 239.25 ft. to a point marked by a concrete monument; running thence North 1 degree 07' 30" West a distance of 1,927.0 ft. to a point marked by a concrete monument; running thence South 86 degrees 59' 30" West a distance of 321.4 ft. to a point marked by a concrete monument; running thence North 1 degree 25' 30" West a distance of 1,517.55 ft. to a concrete monument; running thence North 87 degrees 45' 20" East a distance of 1,566.68 ft. to the point of beginning.
Said property consists of 165.17 acres of land as shown on plat of survey by R.M. Boyd & Associates, Inc., Registered Land Surveyors, dated January 18, 1984 and recorded at Plat Book 14, Page 138, Fayette County Records.
TRACT 4
All that tract or parcel of land lying and being in Land Lot 28 of the 7th District of Fayette County, Georgia and being all of that property owned by the Grantor in the East one-half of Land Lot 28, which lies on the South side of the Right of Way of Davis Road.
Said parcel contains approximately 6 acres of land.
TRACT 5
All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
Commencing at a point marked by an iron pin (Vt" pipe) at the Southwest corner of Land Lot 5; running thence North 05 degrees 40' 22" West along the West line of Land Lot 5 a distance of 1,503.97 ft. to a point on the Southwesterly Right of Way

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of Davis Road; running thence Southeasterly and Easterly along the Southwesterly and Southerly side of Davis Road and following the curvature thereof a distance of 1,496.3 ft. to a point; running thence South 05 degrees 40' 22" East a distance of 1,143.96 ft. to a point marked by an iron pin (2" pipe) on the South line of Land Lot 5; running thence South 84 degrees 52' 18" West along said South Land Lot line a distance of 1,440.12 ft. to the point of beginning.
Said property contains 42.80 acres of land on plat of survey by R.M. Boyd & Associates, Inc. dated June 18, 1984 and recorded at Deed Book 15, Page 77, Fayette County, Georgia Records.
TRACT 6
All that tract or parcel of land lying and being in Land Lot 5 of the 7th District of Fayette County, Georgia and being more particularly described as follows:
Commencing at a point marked by an iron pin (%" pipe) at the Northwest corner of Land Lot 5; running thence North 84 degrees 42' 58" East along the North line of Land Lot 5 a distance of 1,440.09 ft. to a point; running thence South 5 degrees 40' 22" East a distance of 1,796.0 ft. to a point on the Northerly Right of Way of Davis Road; running thence Westerly and Northwesterly along the Northerly and Northeasterly Right of Way of Davis Road and following the curvature thereof a distance of 1,496.55 ft. to the point of beginning.
Said property contains 54.28 acres of land on Plat of Survey by R.M. Boyd & Associates, Inc. dated June 18, 1984 and recorded at Plat Book 15, Page 77, Fayette County Records."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Heard of the 43rd moved that the House agree to the Senate substitute to HB 1866.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

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 qualifications, 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.

The following Senate substitute to the House substitute was read:

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 qualifications, 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 authority of the chairman and members of the board of commissioners; to create the office of

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county manager and provide for certain duties and powers of such office; to provide guidelines for the selection of a county manager; to provide for practices and procedures; to provide 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 expenditures 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 provide for a run-off election; 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 consist 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 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

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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 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

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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 initial term of two years and until his successor is elected and qualified. At the general election 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. Candidates 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.
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.

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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 transaction of public business pertaining to county matters which shall be held in an appropriate 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 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 inspection 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, resolutions, 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 superintendent 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.
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

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board members voting shall govern the actions of the board and each member thereof. The chairman shall be authorized to vote on all matters before the board in the same manner as other members of the board.
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 payable 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 pertaining 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 commissioners including, at the board's discretion, 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 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, executed, and enforced by the county manager as chief administrative officer of the county,

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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 commissioners 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, private ways, bridges, and ferries, according to law (including the powers to establish paving, construction, and maintenance priorities from time to time); 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 according to law; (9) To allow the insolvent lists for the county; (10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county 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 subject to approval or rejection by a majority of the board of commissioners in each and every case; and
(3) 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 commissioners and their compensation shall be fixed by the board of commissioners.

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(b) The board of commissioners, by majority vote, which majority may be the chairman 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. 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 connection 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, but the board of commissioners, by majority vote, which majority may be the chairman and any two members 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, 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 prescribed 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 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 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 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 courthouse 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.

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Part 2
Section 1. (a) There is created a board of commissioners of Hart County to consist 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 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

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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 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 initial term of two years and until his successor is elected and qualified. At the general election 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. Candidates who are elected to office shall take office on the first day of January following their election.

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(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 chairmanship 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 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 transaction of public business pertaining to county matters which shall be held in an appropriate 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. 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 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 inspection by any taxpayer of the county during normal working hours. The clerk before entering on the discharge of his duties shall be required

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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 transaction of public business pertaining to county matters which shall be held in an appropriate 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 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 performance of his duties. The clerk shall hold the office at the pleasure of the board of commissioners.
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. 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, 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

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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 commissioner, or clerk of the superior court.
(c) The other members of the board shall receive a salary of $450.00 per month payable 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 proceeds 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 district 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 governing 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 and the road commissioner shall each 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 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 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 courthouse 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.

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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. (a) 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 than one-half of the votes cast in such election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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 than one-half of the votes cast in such election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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 than one-half of the votes cast in such election, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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. Except as otherwise provided in subsection (b) of this section, 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.
(b) If neither Question No. 1, Question No. 2, nor Question No. 3 receives more than one-half of the votes cast in such election, then, unless prohibited by the federal Voting

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Rights Act of 1965, as amended, the election superintendent shall conduct a run-off election as provided in this subsection for the purpose of submitting the two questions receiving the highest number of votes in such preceding election to the electors of Hart County for approval or rejection. The election superintendent shall conduct that run-off election on the fourteenth day following the holding of the preceding election provided for in this section. The ballot shall have written or printed thereon the two questions receiving the highest number of votes in such preceding election in the same manner that such questions were written or printed for such preceding election. No voter shall vote for more than one of the two questions. If Question No. 1 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 1 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 2 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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 appears on such run-off ballot and receives more than one-half of the votes cast in such run-off election, Part 3 and Part 5 of this Act shall become effective on January 1, 1989, except that the provisions 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 run-off 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 run-off 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.

Representative Milford of the 13th moved that the House agree to the Senate substitute to the House substitute to SB 418.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

SB 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.

The following Committee substitute was read:

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

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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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools and school systems, a new paragraph (3) to read as follows:
"(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request."
Section 2. Said article is further amended by striking subsection (d) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools and school systems, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. T-ne state board shall publish tft the leg8,1 OPg&n of the county where the loc&l school system is tocflted trie result of the comprehensive evaluations, including ft summary ef any deficiencies and recommendations fer addressing said deficiencies. T-he State School Superintendent shall
atatc wide assessments ef- student achievement; the status ef each public school, local school systcnij flnd re10118.1 educ&tionfli service 8gencyj &nd the progress edch nonst&n~
ahall be made available upon request. The State School Superintendent shall be authorized te require local school superintendents tatdt directors ef regional educational service 8gencies to provide such reports o& deemed necessflry tor the eriec11ve operation of public education this state. 3%e State Seneel Superintendent shall compile an annual report itt which shd.ll be presented d 91&tement of the condition &nd &mount of '8,11 tuhds and property appropriated for th purpose ef public education, a statement ef the aver8e cost per student of instruction "Hi tne st&te s public schools, tnd ~8 statement of the
report sh&ii oe Kept tft the ot&te ochool superintendent s oiiice flnd sho.il be 8V8iiftbie tor public inspection duping regurop business hours, ijopies of the report 01* portions of the repert ahall be made available en request. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2-320 made up of

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six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school sytems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected, for the sole purpose of the profiles created under this Code section, prior to the completion of the statewide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the Office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles."
Section 3. Said article is further amended by striking Code Section 20-2-320, relating to the Quality Basic Education Program task force, in its entirety and substituting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320. (a) The Governor; prief te July W; 1986, shall appoint a task force composed of representatives from the Department of Education, the State Board of Postsecondary Vocational Education, the Office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis

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Representative Lawler of the 20th moves to amend SB 588 by inserting on line 6 of page 1 immediately following "Quality Basic Education Program task force;" the following:
"to change the provisions relating to the State Board of Postsecondary Vocational Education; to provide for minimum curriculum for nursing home assistant training programs and practices, procedures, and requirements related thereto; to provide for standards for programs conducted by nursing homes and publicly and privately supported schools and educational institutions; to provide for periodic reviews; to provide for certificates and requirements therefor; to provide for in-service training programs; to provide requirements for employment of nursing home assistants; to provide for conditions of licensure of nursing homes;".
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively, and by inserting between lines 5 and 6 of page 6 the following:
"Section 3. Said article is further amended by adding a new Code section following Code Section 20-2-311, to be designated Code Section 20-2-312, to read as follows:
'20-2-312. (a) (1) The State Board of Postsecondary Vocational Education shall establish minimum curriculum standards and approve or disapprove curriculum used in nursing home assistant training programs. The standards shall include, as a minimum, instruction in patient environment, patients' psychosocial needs, aseptic technique, personal hygiene, excretory systems, basic nursing skills, clinical practice, resident safety and rights, food service, and fire safety, consisting of 75 classroom hours and at least 100 hours of supervised and on-the-job training clinical practice. The 100 hours may consist of employment as a nursing home assistant under the supervision of a registered nurse.
(2) For nursing home assistant training programs conducted by nursing homes, the State Board of Postsecondary Vocational Education shall adopt additional minimum standards covering noncurriculum matters such as, but not limited to, staffing and teacher qualifications. Of the standards adopted by the board, nursing home assistant training programs conducted by publicly supported schools and private educational institutions accredited by the State Board of Education shall be required to meet only those standards established pursuant to paragraph (1) of this subsection.
(3) The State Board of Postsecondary Vocational Education shall periodically review the nursing home assistant training programs conducted by nursing homes. Upon completion of the review, the board shall approve or disapprove each program.
(4) The State Board of Education shall periodically review with the State Board of Postsecondary Vocational Education the nursing home assistant training programs conducted by publicly supported schools within the agencies' respective jurisdictions. Upon completion of the review, the State Board of Postsecondary Vocational Education shall approve or disapprove each program, and graduates of such approved programs shall automatically be certified.
(5) The State Board of Postsecondary Vocational Education shall require and periodically review required continued in-service training provided by nursing homes to assure continuing competency on the part of nursing home assistants in new skills and techniques. Upon completion of the review, the board shall approve or disapprove each program.
(b) (1) Any nursing home assistant employed by a nursing home who has satisfactorily completed a nursing home assistant training program under this Code section shall, upon application, be issued a certificate of completion.
(2) All nursing home assistants employed by a nursing home shall be required to show evidence of satisfactory completion of a nursing home assistant training

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program or that they are enrolled in and are progressing satisfactorily towards completion of a training program under standards promulgated by the State Board of Postsecondary Vocational Education which program must be completed within four months of employment. A nursing home may employ a person not currently enrolled if the employer within 20 days enrolls the person in an approved training program. All persons enrolled in a training program must satisfactorily complete the program within four months from the date of initial employment.
(3) All nursing home assistants who, on September 1, 1988, are employed in nursing homes shall be given the opportunity to obtain a certificate of completion by passing a written or practical examination or both developed by the State Board of Postsecondary Vocational Education and conducted by a school or nursing home or by providing evidence of sufficient practical experience. The State Board of Postsecondary Vocational Education shall adopt rules specifying the amount of practical experience to be required for the issuance of a certificate under this Code section.
(4) Compliance with this Code section shall be a condition of licensure of nursing homes under Chapter 7 of Title 31 beginning September 1, 1988. Any provider of skilled nursing facility care or intermediate care facility care shall meet the requirements of this Code section.'"

The following amendment was read and adopted:

Representative Lawler of the 20th moves to amend the Lawler amendment to the Committee substitute to SB 588 as follows:
Strike on Page 4, Line 21, the words "September 1, 1988" and insert "January 1, 1990".

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

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

Y Clark.H N Clark.L Y Colbert N Coleman
Colwell
Connell N Couch N Cox N Crawford N Crosby
Cummings.B N Cummings.M
Davis.G Y Davis.M
N Dixon N Dobbs Y Dover
N Dunn N Edwards
Felton
N Floyd N Foster
Y Galer N Godbee N Goodwin N Green
Greene N Greer Y Gresham N Griffin N Groover Y Hamilton Y Hanner

N Harris Y Hasty N Heard Y Hensley Y Herbert
Y Holcomb N Holmes
Hooks Y Hudson Y Isakson
Jackson.J N Jackson.W N Jamieson N Johnson.D
Y Johnson.R N Kilgore N Kingston
N Lane.D N Lane.R N Langford
Y Lawler Y Lawrence
N Lawson Y Lee N Linder N Long
Lord N Lucas Y Lupton N Mangum Y Martin N McCoy
McDonald

N McKelvey Y McKinney N Meadows N Milam N Milford
N Mobley N Moody N Moore N Morion N Mostiler
Y Moultrie N 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 N Porter N Powell Y Prichard N Rainey N Ramsey.T
Ramsey.V N Randall N Ransom

Y Ray N Reaves N Redding Y Richardson N Ricketson
N Robinson N Royal
Selman N Shepard N Sherrod
N Simpson 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
N Stephens Thomas.C
Y Thomas.M Y Thompson N Thurmond Y Tolbert Y Townsend N Triplett
Twiggs Waddle N Waldrep

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companies; to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change certain provisions and references to multilevel distribution companies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Part 3 of Article 15, relating to the sale of business opportunities, and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
10-1-410. As used in this part, the term: (1) 'Agreement' means any agreement relating to a business opportunity or
multilevel distribution company, including, but not limited to, the contract. (2) (A) 'Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business and in which the seller or company represents: (i) That the seller or company will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency operated amusement machines or devices; (ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser; (iii) That, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, the purchaser may or will derive income from the business opportunity which exceeds the initial payment for the business opportunity; or that the seller or company will refund all or part of the price paid for the business opportunity or repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company, if the purchaser is dissatisfied with the business opportunity; or (iv) That the company, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, will provide a sales program or marketing program; provided, however, that this paragraph shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or service mark. (B) The term 'business opportunity' does not include: (i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity; (ii) Any relationship created solely by or involving: (I) The relationship between an employer and an employee or among general business partners; or (II) Membership in a bona fide cooperative association or transactions between bona fide cooperative associations and their members. As used in this subdivision, the term 'cooperative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers; (iii) Any agribusiness corporation; or (iv) Any insurance agency. (3) 'Business opportunity seller or company' means any corporation, whether
domestic or foreign, or any business, whether a partnership, limited partnership, sole proprietorship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any business opportunity or

THURSDAY, MARCH 3, 1988

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cause to be solicited, advertised, offered, or contracted for any business opportunity in this state.
(4) 'Company' means any multilevel distribution company or business opportunity company or seller.
(5) 'Initial payment' means the total amount a purchaser or participant is obligated to pay under the terms of an agreement before or at the time of delivery of the goods or services to the purchaser or participant or within six months of the date that the purchaser or participant commences operation of the business. If the agreement states a total price and provides that the total price is to be paid partially as an initial cash payment and the remainder in specific monthly payments, the term means the total price. The term does not include any amount required by the seller to be deposited as security for the performance by a purchaser or participant of the operation of the business or that secures an extension of credit.
(6) 'Multilevel distribution company' means any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants. The term shall not include licensed insurance agents or insurance agencies. A multilevel distribution company which is not operating in compliance with this part shall be considered an unlawful pyramid club under Code Section 10-12-38.
(7) 'Participant' means anyone who participates at any level in a multilevel distribution company.
(8) 'Person' means any individual, corporation, partnership, joint venture, association, trust, unincorporated organization, or other entity and shall include any other person that has a substantive interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in control of the activities of such person.
(9) 'Purchaser' means any person who is solicited to become obligated, or does become obligated, under any agreement.
(10) 'Seller' means any multilevel distribution company or it means any person who offers to sell to individuals any business opportunity, either directly or through any agent.
10-1-411. (a) No multilevel distribution company or participant in its marketing program shall:
(1) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains;
(2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein;
(3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer;
(4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant:
(A) Where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant;

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(B) Where no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, crosscommission, dividend, or other consideration which the participant may receive; or
(C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive; or
(5) Represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants except as may be permitted under this part; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that most participants will succeed.
(b) At least 48 hours prior to the time the purchaser signs a business opportunity contract or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is entitled in at least ten-point boldface capital letters: 'DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that:
'The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.'
Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which takes responsibility for statements made by the seller;
(2) The names, addresses, and titles of the company's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the company's business activities relating to the sale of business opportunities;
(3) The length of time the company has:
(A) Sold business opportunities; and
(B) Sold business opportunities involving the products, equipment, supplies, or services currently offered to the purchaser;
(4) A full and detailed description of the actual services that the seller or company undertakes to perform for the purchaser;
(5) A copy of a current (not older than 13 months) financial statement of the company, updated to reflect any material changes in the company's financial condition;
(6) If training of any type is promised by the seller or company, a complete
description of the training and the length of the training;
(7) If the seller or company promises services to be performed in connection with
the placement of equipment, product, or supplies at various locations, the full nature
of those services as well as the nature of the agreements to be made with the owners
or managers of those locations where the purchaser's equipment, product, or supplies
will be placed;
(8) If the company is required to secure a bond or establish a trust deposit pur-
suant to Code Section 10-1-412, either of the following statements:
(A) 'As required by Georgia law, the company has secured a bond issued by
(name and address of surety company) , a surety company authorized to do

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business in this state. Before signing a contract to purchase this business opportunity, you should check with the surety company to determine the bond's current status.'; or
(B) 'As required by Georgia law, the company has established a trust account (number of account with (name and address of bank or savings institution) . Before signing a contract to purchase this business opportunity, you should check with the bank or savings institution to determine the current status of the trust account.';
(9) The following statement: 'If the company fails to deliver the product, equipment, or supplies necessary to
begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the company in writing and demand that the contract be canceled.';
(10) If the seller or company makes any statement concerning sales or earnings or range of sales or earnings that may be made through this business opportunity, the following disclosures:
(A) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered who, to the company's knowledge, have actually received earnings in the amount or range specified within three years prior to the date of the disclosure statement; and
(B) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered within three years prior to the date of the disclosure statement;
(11) The following statement: 'The company selling a business opportunity or the seller shall collect no more
than 15 percent of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the company 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.'; and (12) The seller's principal business address and the name and address of its agent in this state authorized to receive service of process. (c) In lieu of the disclosures required by paragraphs (1) through (7), (9), and (10) of subsection (b) of this Code section, a seller may utilize the documents prescribed by the Federal Trade Commission, pursuant to Title 16, Chapter 1, Subchapter D, Trade Regulation Rules, Part 436 Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, provided that the seller shall provide the prospective purchaser with a separate written cover sheet which is entitled in at least ten-point boldface capital letters: 'DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that: 'The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.'
Nothing except the title and required statement shall appear on the cover sheet. 10-1-412. (a) Any business opportunity seller or company which makes any of the
representations set forth in division (2)(A)(iii) of Code Section 10-1-410 and any
multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust
account with a licensed and insured bank or savings institution located in this state. The
amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who
is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an
action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and

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in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $250.00 from each participant shall be exempt from the requirements of this Code section.
(b) In any sale of a business opportunity, the seller shall collect no more than 15 percent of the total purchase price, with the balance to be placed in an independent escrow account agreed upon by both parties. The balance in the escrow account shall be paid to the seller 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.
10-1-413. (a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395, prior to obtaining any participants in this state or elsewhere, a copy of the contract and any material incorporated therein by reference to be used with participants and a disclosure statement containing the following:
(1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with participants;
(2) The names, addresses, and titles of the company's officers, directors, and trustees;
(3) The length of time the company has: (A) Been engaged in multilevel distribution; and (B) Been engaged in multilevel distributions involving the types of products,
equipment, supplies, or services currently offered to the purchaser; and (4) A detailed description of the levels of distribution in the multilevel program, the manner in which participants will be compensated, and the extent or amount of any compensation. (b) The seller of every business opportunity shall file with the administrator appointed pursuant to Code Section 10-1-395 a copy of the disclosure statement required by subsection (b) of Code Section 10-1-411 prior to the placing of any advertisement or making any other representations to prospective purchasers in this state. (c) Every seller shall update the filing as required by this Code section as any material change in the required information occurs, but no less than annually. If the seller is required by Code Section 10-1-412 to provide a bond or establish a trust account, he shall contemporaneously file with the administrator either the bond or formal notification by the depository that the trust account is established.
(d) The administrator appointed pursuant to Code Section 10-1-395 shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this part, not to exceed $100.00.
(e) (1) Upon the filing of the required documents and upon the administrator's finding of compliance with the requirements of this part, the administrator shall issue to a business opportunity seller an advertisement identification number and shall notify a multilevel distribution company that it is registered properly with the administrator.
(2) The business opportunity seller shall disclose the advertisement identification number to each person with whom he places advertising, which number shall be recorded by the person receiving the advertising, so that the advertising media may verify the authenticity of the registration.
10-1-414. Sellers shall not:
(1) Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the administrator or his representatives upon request;
(2) Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller

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unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or
(3) Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program, except as provided in paragraph (5) of subsection (c) of Code Section 10-1-415. 10-1-415. (a) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he signs the contract.
(b) Every contract or any material incorporated therein by reference shall include the following:
(1) The terms and conditions of payment;
(2) A full and detailed description of the acts or services that the seller undertakes to perform for the purchaser or participant;
(3) The seller's principal business address; and (4) The approximate delivery date of any products, equipment, or supplies that the seller is to deliver to the purchaser or participant.
(c) In addition to the information required in subsection (b) of this Code section, every multilevel distribution contract, or an addendum thereto, shall contain the following:
(1) If training of any type is promised by the seller or company, a complete description of the training and the length of the training;
(2) If a bond is required under Code Section 10-1-412, the following statement:
'As required by Georgia law, the company has secured a bond or established a trust account for your protection. Information regarding this bond or trust account is on file with the Georgia Governor's Office of Consumer Affairs.';
(3) If the participant will be under any obligation to make any payment after the agreement has been entered into, a statement in ten-point boldface type as follows:
'A participant in this multilevel marketing plan has a right to cancel at any time,
regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.';
(4) A description of any cancellation rights; and (5) A statement that further information regarding the company is on file with the
state's Office of Consumer Affairs. (d) Cancellation rights pursuant to paragraph (4) of subsection (c) of this Code
section must, at a minimum, provide the following: (1) If the participant has purchased products or paid for administrative services
while the contract of participation was in effect, the seller shall repurchase all unen-
cumbered products in a reasonably resalable or reusable condition which were required by the participant from the seller; such repurchase shall be at a price not less than 90 percent of the original net cost to the participant returning the goods,
taking into account any sales made by or through such participant prior to notification to the company of the election to cancel;
(2) The repayment of all administrative fees or services shall be at not less than 90 percent of the costs to the participant of such fees or services and shall reflect all
administrative services that have not, at the time of termination, been provided to the participant. The seller shall further refund at not less than 90 percent of the cost to the participant any other consideration paid by the participant in order to participate
in the program; and (3) The participant may be held responsible for all shipping expenses incurred in
returning sales aids or products to the company but only if such responsibility of a canceling participant is disclosed in the written description of the cancellation rights.
(e) The provisions of subsections (c) and (d) of this Code section shall not apply to any multilevel distribution company until December 31, 1988.
10-1-416. (a) Each seller numbering among its participants or purchasers any resi-
dent of this state, which has agreements made in this state, or which has its principal

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place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395 a statement giving notice of this fact and irrevocably appointing the Secretary of State of this state as its agent for service of process for any alleged violation of this part. Such written notice shall further set forth the intention of such seller to abide by this part. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state.
(b) Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part.
(c) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such seller at the address given in such affidavit.
10-1-417. (a) If a business opportunity seller uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the delivery date stated in the contract; or if the seller does not comply with the requirements of Code Section 10-1-415 or of Code Section 10-1-416, then, within one year of the date of the contract, upon written notice to seller, the purchaser or participant may void the contract and shall be entitled to receive from the seller all sums paid to the seller. Upon receipt of such sums, the purchaser or participant shall make available to the seller at purchaser's or participant's address or at the places at which they are located at the time notice is given, all products, equipment, or supplies received by the purchaser or participant. However, the purchaser or participant shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
(b) The violation of any provision of this part shall constitute an unfair or deceptive act or practice in the conduct of a consumer act or practice or consumer transactions under Part 2 of this article, the 'Pair Business Practices Act of 1975.'
(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' including, but not limited to, the definition of the term 'security' as contained in paragraph (16) of subsection (a) of Code Section 10-5-2.
(d) Any person who fails to comply with this part shall be guilty of a misdemeanor of a high and aggravated nature. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have actual knowledge of the acts violating this part."
Section 2. Said chapter is further amended by striking in its entirety Article 17, relating to multilevel distribution companies, which reads as follows:
"ARTICLE 17
10-1-510. As used in this article, the term 'multilevel distribution company' means any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors, at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants.
10-1-511. (a) Every multilevel distribution company shall provide in its contract of participation that the contract may be canceled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all

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unencumbered products in a resalable condition then in the possession of the participant shall be repurchased. The repurchase shall be at a price of not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel.
(b) No multilevel distribution company nor any participant shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the product or services are in reasonable quantities and unless it agrees:
(1) To repurchase all or part of any products which are unencumbered and in a resalable condition at a price of not less than 90 percent of the original net cost to the participant, taking into account any sales made by or through the participant prior to notification to the company of election to cancel;
(2) To repay not less than 90 percent of the original net cost of any services purchased by the participant; or
(3) To refund not less than 90 percent of any other consideration paid by the participant in order to participate in the marketing program. (c) No multilevel distribution company or participant in its marketing program shall:
(1) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains;
(2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein;
(3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer; or
(4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant:
(A) Where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant;
(B) Where no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, crosscommission, dividend, or other consideration which the participant may receive; or
(C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive.
(d) Multilevel distribution companies shall not represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that all or substantially all participants will succeed.
10-1-512. (a) Each multilevel distribution company numbering among its participants any resident of this state shall file with the state's Attorney General a statement giving notice of this fact and designating the Secretary of State of this state as its agent for service of process for any alleged violation of this article. Such written notice shall

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further set forth the intention of such multilevel distribution company to abide by this article. Compliance with this Code section shall not in and of itself subject any multilevel distribution company to the provisions or consequences of any other statute of this state.
(b) Any multilevel distribution company which numbers among its participants any resident of this state and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby appointed the Secretary of State its agent for service of process for any alleged violation of this article.
(c) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the latest known post office address of such multilevel distribution company; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such company at the address given in such affidavit.
10-1-513. The Attorney General or the district attorney of any county may petition the superior court to enjoin in whole or in part the activities of any multilevel distribution company whose activities violate this article; provided, however, that the Attorney General or district attorney shall not seek such injunctive relief without first giving the company ten days' written notice of any claimed violation. The notice is to be directed to the company's principal place of business and shall be sent either certified or registered United States mail.
10-1-514. Each violation of this article shall be punishable by a fine not to exceed $10,000.00. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty.", and inserting in lieu thereof the following:
"ARTICLE 17 RESERVED"
Section 3. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Section 16-12-38, relating to chain letter clubs, pyramid clubs, etc. declared to be lotteries, and inserting in lieu thereof a new Code Section 16-12-38 to read as follows:
"16-12-38. The organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery; and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that this Code section shall not include a 'multilevel distribution company,' as defined in paragraph (6) of Code Section 10-1 610 10-1-410, which is operating in compliance with Code Section 10-1-611 Part 3 of Article 15 of Title 10."
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 substitute to HB 1565.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M

Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Balkcom Y Bannister Y Bargeron

Barnett.B Y Barnett.M Y Beck

THURSDAY, MARCH 3, 1988

Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Y Brooks Y Brown
Buck Y Buford
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
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 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 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 Y Johnson.D Y Johnson.R

Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley
Moody Y Moore Y Morton
Y Mostiler Mouttrie
Y Mueller Y Oliver.C Y Oliver.M
Orrock

Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T 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
Sinkfield Y Sizemore Y Smith.L Y Smith.P

On the motion, the ayes were 137, nays 0. The motion prevailed.

2189
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
Triplett Twiggs Waddle Y Waldrep Walker.C 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

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 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

Representative Isakson of the 21st moved that the House insist on its position in disagreeing to the Senate substitute to HB 776 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 Isakson of the 21st, Thomas of the 69th and Stephens of the 68th.

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

2190

JOURNAL OF THE HOUSE,

HB 1243. By Representative Edwards of the 112th:
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 chiropractic by allowing chiropractors to utilize nutrition.

The following Senate substitute was read:

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 chiropractors by allowing chiropractors to recommend the use of vitamins, minerals, or food supplements but prohibit their selling or receiving profits from the sale thereof; to clarify the right to practice chiropractic; to provide for statutory construction; 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 as defined in paragraph (2) of Code Section 43-9-1 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 therapeutic modalities which induce heat or electrical current beneath the skin, including therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation.
(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 guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization.
(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 practitioners.
(e) Chiropractors shall not prescribe or administer medicine to patients, perform surgery, 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 chiropractor 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.

THURSDAY, MARCH 3, 1988

2191

(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. Any such recommendation of vitamins, minerals, or food supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such vitamins, minerals, or food supplements nor receive any profits from the sale of any such vitamins, minerals, or food supplements so recommended nor shall any chiropractor recommend any such vitamins, minerals, or food supplements without providing their generic name."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Childers of the 15th moves to amend the Senate substitute to HB 1243 as follows:
By striking the language beginning with the word "nor" on Line 17, Page 3, through the word "recommended" on Line 21, Page 3.

Representative Childers of the 15th moved that the House agree to the Senate substitute to HB 1243, 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 Y Balkcom N Bannister Y Bargeron
Barnett.B Y Barnett,M YBeck Y Benefield YBenn
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 Childers
Clark,B
Y Clark.H Y Clark,L Y Colbert

Y Coleman Colwell
Connell Couch YCox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Davis.G Y Davis.M Y Dixon
N Dobbs Y Dover
Dunn
Y Edwards Felton Floyd
Y Foster Galer Godbee
Y Goodwin N Green Y Greene
Greer Y Gresham Y Griffin
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 Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D N Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley
Moody Moore N Morton

On the motion, the ayes were 131, nays 5. The motion prevailed.

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

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

2192

JOURNAL OF THE HOUSE,

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

SR 360. By Senator Starr of the 44th:

A RESOLUTION
Creating the Joint Study Committee on Aging; and for other purposes.
WHEREAS, there are over 732,000 older citizens currently residing in Georgia who comprise 13.3 percent of our state's population; and
WHEREAS, by the year 2000 there will be over 1,000,000 older Georgians who will constitute at least 15 percent of our state's citizens; and
WHEREAS, older Georgians are scattered throughout the state with 27 percent residing in the metropolitan Atlanta region and 73 percent in the remaining state regions; and
WHEREAS, this rapidly growing group of older Georgians represents every social, economic, and ethnic category; and
WHEREAS, the General Assembly is concerned about the impact which this growing population will have on our state; and
WHEREAS, present programs that deal with older Georgians need to be studied to determine how the state can best meet the needs of this expanding population; and
WHEREAS, there is a community concern that the needs of older Georgians be examined; and
WHEREAS, the public interests would be properly served by the creation of a joint study committee to examine the anticipated impact of Georgia's aging population on our state's economy, housing, labor market, health system, and social service system; and
WHEREAS, there currently is no state plan that examines the anticipated impact or needs of current and future older Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Aging to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, and two members at large, one member at large to be appointed by the Speaker of the House of Representatives and the other member at large to be appointed by the Lieutenant Governor. The committee shall elect its chairperson at its initial meeting. The committee shall be authorized to study and make recommendations regarding the impact older Georgians will have on our state's economy, housing, labor market, health system, and social service system. Additionally, this committee shall be authorized to study and make recommendations regarding the projected economic, housing, labor, health, and social service needs of older Georgians. The committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Department of Human Resources and other state agencies shall assist and support the committee and its study. Each member of the committee shall receive for his or her services on the committee the expenses and allowances authorized by law for members of legislative committees, but for no longer than five days unless an extension is obtained. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated or available to the legislative branch of government. In the event the committee makes a report of its findings and recommendations,

THURSDAY, MARCH 3, 1988

2193

with suggestions for proposed legislation, if any, such a report shall be made on or before December 31, 1988, on which date this committee shall stand abolished.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck
Y Benefield YBenn
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
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
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
Manner 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 Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder YLong
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
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
Selman Y Shepard Y Sherrod
Simpson Sinkfield

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stand!
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
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Williams.B Williums.,1 Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

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

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 certain condition to such special valuation of property; to provide for determination of fair market value of any such property; 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 I, Paragraph III of the Constitution is amended by striking subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

2194

JOURNAL OF THE HOUSE,

"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagfaph {e} subparagraphs (c) and (d), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."

Section 2. Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows:
"(d) With respect to the transfer of any tangible real property on the National Register of Historic Places pursuant to the National Historic Preservation Act (16 U.S.C. 470, et seq.), 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; provided, however, that the General Assembly by law may condition the granting of the special valuation of historic property on the owners of such property granting permission to the general public to tour such historic property at appropriate times as specified by law or rules and regulations. The fair market value of tangible real property on the National Register of Historic Places transferred in a bona fide sale shall be the purchase price of such property. The fair market value of tangible real property on the National Register of Historic Places sold in conjunction with other property in the same transaction or transferred other than by a bona fide sale shall be determined by the local taxing authority the same as other property, provided that the fair market value determined at the time of transfer shall remain constant until a subsequent transfer thereof.
{d} (e) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d)."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that 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?"

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

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law; to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage preservation of historic properties and to assist in the revitalization of historic areas; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, MARCH 3, 1988

2195

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in aubparagraph {} subparagraphs (c) and (d), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."

Section 2. Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows:
"(d) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which js listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas.
W (e) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d)."

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 authorize the General Assembly to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register and to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage preservation of historic properties and assist in the revitalization of historic areas?"

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 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 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
Colwell
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

2196

JOURNAL OF THE HOUSE,

Dunn Y Edwards Y Felton Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin Y Green
Greene Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y 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 Y Long 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
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
Y Sinkfield Y Sizemore Y Smith.L Y 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 Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts Y White Y Wilder
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 164, nays 0.

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

Representative Cheeks of the 89th arose to a point of personal privilege and addressed the House.

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

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

The following Senate substitute was read:

A BILL
To amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for the refusal to reuse kidney dialyzers; to prohibit the reuse of such dialyzers under certain circumstances and prohibit discrimination for refusal to reuse such dialyzers; to authorize and direct the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; to provide for the duties of the task force; to provide for reimbursement of expenses incurred by members; to provide for termination of the task force; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, is amended by adding at the end a new Code section to read as follows:
"31-16-7. The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be used. No licensed kidney dialysis clinic

THURSDAY, MARCH 3, 1988

2197

or provider of kidney dialysis services which is certificated by the State Health Planning Agency may interfere with the exercise of that discretion by:
(1) Requiring the reuse of such dialyzer over the objection of that physician and patient; or
(2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dialyzer and that refusal is based on the patient's informed consent."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-16-8 to read as follows:
"31-16-8. (a) The Office of Regulatory Services of the Department of Human Resources is authorized and directed to create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congressional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are appointed to the task force by the Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman.
(b) The task force shall undertake a study of the conditions, needs, issues, and problems involving kidney dialysis centers and recommend rules, regulations, any action, or legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places within the state 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 Code section. Legislative members and citizens members, if any, shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 31, 1988. The task force shall stand abolished and this Code section shall stand repealed on December 31, 1988."
Section 3. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House disagree to the Senate substitute to HB 1348.
The motion prevailed.

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

2198

JOURNAL OF THE HOUSE,

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the purpose of hunting.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) Notwithstanding any provision of this Code or any rule or regulation to the contrary, if a defendant is placed on probation in a county of a judicial circuit other than the one in which he resides for committing any misdemeanor offense, such defendant may, when specifically ordered by the court, have his probation supervision transferred to the judicial circuit of the county in which he resides."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron YAoZS,G
YAdams,M Aiken
YAlford Y Alien
YAthon Y Atkins Y Bailey
Balkcom
Y Bannister YBargeron
YBarnett,B YBarnettM YBeck YBenefield
Benn Birdsong Y Bishop
YBostick Y Branch Y Brooks Y Brown YBuck
YBuford YByrd
Carrell

Y Carter YChambless
Y Chance Y Cheeks YChilders
Clark,B
YClark,H YClark,L Y Colbert Y Coleman
Colwell Connell
Y Couch Y Cox YCrawford Y Crosby
Y Cummings.B Y Cummings.M
Davis,G
YDavis,M Y Dixon YDobbs Y Dover
Dunn
Y Edwards YFelton 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
^ane'S Y Lane R Y Langford Y Lawler
Y Lawrence Y Lawson Y Lee Y Lmder
Y Long Y Lord
Y Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Mi am Y Milford Y Mobley
Y Moody Y Moore Y Morton

Y Mostiler Mou ne
YfSr V Ohver,C Y Oliver M
Orrock v P nKll vpT Y Parham Y Parrish Y Patten
Peters vphlr Y Phillips
Pmkston Pittman Porter Y Powell Pnchard
Y Ransom * Kay Y Reaves
Redding

THURSDAY, MARCH 3, 1988

2199

Y Richardson YRicketson Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Smith, W
Smyre Y Snow 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
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 Yeaigin
Murphy.Spkr

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

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

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 following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), so as to provide that the judge of such court may engage in the private practice of law; to provide that the solicitor of such court may engage in the private practice of law; to provide for conditions and restrictions; to provide for the compensation of the judge and solicitor; to repeal certain provisions relating to the judge and solicitor in conflict with such provisions; to change the terms of such court and provide for matters relating to calendars; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Jackson County, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334), an Act approved March 28, 1935 (Ga. L. 1935, p. 523), an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3574), is amended by striking from Section 2 of said Act the following:
"The said judge shall receive no other compensation, but may practice law in any court except his own."
Section 2. Said Act is further amended by adding, following Section 2, a new Section 2.1 to read as follows:
"Section 2.1. (a) To the extent that the performance of his duties in the state court are not affected, the judge of the State Court of Jackson County may engage in the private practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction.
(b) To the extent that the performance of his duties in the state court are not affected, the solicitor of the State Court of Jackson County may engage in the private

2200

JOURNAL OF THE HOUSE,

practice of law in other courts but may not practice in the State Court of Jackson County or appear in any matter as to which he has exercised any jurisdiction.
(c) The governing authority of Jackson County shall fix the salary of the judge of such court in an amount not less than $23,000.00 per annum, to be paid in equal monthly installments from the funds of Jackson County as expenses of said court.
(d) The governing authority of Jackson County shall fix the salary of the solicitor of such court in an amount not less than $19,000.00 per annum, to be paid in equal monthly installments from the funds of Jackson County as expenses of said court."
Section 3. Said Act is further amended by striking Section 1 of the amendatory Act, approved August 26, 1931 (Ga. L. 1931, p. 334), as amended by an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3181), which reads as follows:
"Section 1. The governing authority of Jackson County shall fix the salary of the judge and solicitor of said court in an amount not less than $5,000.00 per annum for each of said officers, and when so fixed, said salaries shall be paid in equal monthly installments from the funds of Jackson County as expenses of said court.", in its entirety.
Section 4. Said Act is further amended by striking subsection (a) of Section 1 of said amendatory Act, approved March 28, 1935 (Ga. L. 1935, p. 523), as amended by said amendatory Act, approved April 17, 1973 (Ga. L. 1973, p. 3574), and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The terms of the State Court of Jackson County shall be the third Monday of January, March, May, July, September, and November, but the court shall hold at least one session of court for the trial of cases each month of the year. The judge and solicitor of such court shall use their best effort? to try or otherwise dispose of all cases on the calendar at each term."
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.

Representative McDonald of the 12th moved that the House agree to the Senate substitute to HB 1833.
On the motion the ayes were 120, nays 0.
The motion prevailed.

The Speaker assumed the Chair.

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

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.

The following amendment was read and lost:

Representative Morton of the 47th moves to amend HR 821 as follows: Strike "Clarks" wherever it appears and insert in lieu thereof the name "Clark".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

THURSDAY, MARCH 3, 1988

2201

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron Y 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
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 Cummings.B Y Cummings.M
Davis.G N Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee N Goodwin Y Green Y Greene Y Greer
Gresham
Y Griffin Groover 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
Johnson,D Y Johnson.R Y Kilgore Y Kingston Y 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 Y Milam
Y 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 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 N Ramsey.V
Randall
N Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman
Shepard Y Sherrod
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 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 Y White Y Wilder
N Williams.B Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 144, nays 12. The Resolution, having received the requisite constitutional majority, was adopted.

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

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.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend SB 586 as follows: On Page 1, Line 17 remove the comma after the word "or" andI On Page 1, Line 18 remove the comma after the word "employees".

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

2202

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch 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
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
Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer
Y Gresham Y Griffin
Groover Y Hamilton Y Manner 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 Y Langford Y 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 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
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 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 Y Snow 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
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, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 certain prompt payment methods.

The report of the Committee, which was favorable to the 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

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

Y Coleman Y Colwell Y Connell
Y Couch YCox Y Crawford
Crosby Y Cummings.B Y Cummings.M

THURSDAY, MARCH 3, 1988

2203

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 Banner Y Harris Y Hasty Y Heard
Y Hensley Herbert
Y Holcomb

Y 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 YLee
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 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
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
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
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 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.

The following substitute, offered by Representatives Thompson of the 20th and Pannell of the 122nd, was read and adopted:

A BILL
To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a minor child drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by adding after Code Section 37-2-11 a new Code section to read as follows:
"37-2-11.1. (a) The department may develop and establish a minor child drug screening program in each county of the state which shall be operated by each county board of health and which shall constitute disability services within the meaning of this chapter. The program shall include standards and procedures whereby a parent or guardian of a child will be able to supply a urine specimen, for the purposes of laboratory screening of that specimen for the presence of drugs, of any such child whom that

2204

JOURNAL OF THE HOUSE,

parent or guardian suspects of using or experimenting with drugs. The program shall also include safeguards to ensure the confidentiality of the screening results so that only the requesting parent or guardian may obtain those results from the board of health and so that the child whose specimen is tested will not be identified by name. The program shall provide which clinical laboratories, including but not limited to any such laboratory operated by the department or a county board of health, may conduct such screening tests. The program shall also provide for appropriate referrals of such parents and guardians to public or private organizations for counseling concerning drug abuse. This may include making available a list of local or nearby referral resources. This list should include acute detoxification or psychiatric resources, outpatient resources, longer term inpatient and away-from home resources, and self-help and other resources. The department shall also establish a fee schedule, based on income, for the tests provided pursuant to this Code section, which schedule shall be designed to ensure that the total fees generated by the program reasonably approximate the direct and indirect expenses of such program so that additional public funds will not be required to finance the program, but no person shall be denied services under this Code section because of that person's inability to pay for those services. A county board of health may elect to provide services under this Code section at no charge or at a reduced charge as long as no state funds are required therefor. Nothing in this Code section shall be construed to conflict with any federal law or regulation applicable thereto.
(b) Physicians and other health care providers in the screening program established pursuant to this Code section who provide the services under the program to nonpatient children whose identities are known only to their parents or guardians have no liability for any such services which do not involve treatment of identified children or their parents or guardians, absent a showing of gross negligence or willful or wanton misconduct by such physician or other health care provider."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Y Adams.M
Y Aiken Y Alford
Alien
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 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
Y Clark.L Y Colbert
Y Coleman
Y Colwell
Connell Y Couch
Y Cox Y Crawford
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
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
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
Y McDonald
Y McKelvey
McKinney Y Meadows
Y Milam Y Milford Y Mobley
Y Moody
Y Moore Y Morton Y Mostilor Y Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman

Y Porter Y Powell
Y Prichard
Y Rainey Y Ramsey.T
Y Ramsey.V
Randall
Y Ransom Y Ray
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 Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens

THURSDAY, MARCH 3, 1988

2205

Y Thomas.C
YThomas.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

Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 1023. By Representatives Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st and Isakson of the 21st:

A RESOLUTION
Creating the House Cobb County Study Committee; and for other purposes.
WHEREAS, Cobb County has experienced tremendous growth in the past years and all factors indicate such growth will continue; and
WHEREAS, to promote development in an orderly fashion for the future benefit of the citizens of Cobb County, it will be necessary to formulate a comprehensive, long-range plan for land use in the county; and
WHEREAS, in order to maximize benefits from existing and future tax resources without placing too great a burden on municipal and county taxpayers, it will also be necessary to streamline the delivery of essential governmental services.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Cobb County Study Committee to be composed of all members of the House of Representatives whose districts include all or a portion of Cobb County. The members of the committee shall elect a chairman and such other officers as they deem necessary. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall not receive any allowances or compensation for the performance of their duties. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.

HR 1024. By Representatives Snow of the 1st, Hamilton of the 124th, McDonald of the 12th, Richardson of the 52nd and Steinberg of the 46th:
A resolution recognizing and commending Ms. Billie Bob Dickerson.

HR 1025. By Representative Thompson of the 20th: A resolution recognizing Honorable Tom Ramsey's admiration of flamingos.

HR 1026. By Representatives Steinberg of the 46th, Townsend of the 24th, Martin of the 26th, Lupton of the 25th, Walker of the 115th and others:
A resolution commending Cyrus Warren Strickler III.

2206

JOURNAL OF THE HOUSE,

HR 1027. By Representatives Byrd of the 153rd, Cox of the 141st, Lord of the 107th, Balkcom of the 140th and Reaves of the 147th: A resolution recognizing Honorable Gerald E. Greene.
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 500. By Senator Peevy of the 48th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding penal institutions, so as to prohibit 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.
The following amendment was read and adopted:
Representative Mobley of the 64th moves to amend SB 500 as follows: On Line 17, Page 1, insert between the words "The" and "local" the following: "satisfaction of the".
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 N Adams.M N Aiken N Alford N Alien
N Athon N Atkins N Bailey
N Balkcom N Bannister N Bargeron Y Barnett,B N Barnett,M
Beck N Benefield
Benn
N Birdsong N Bishop N Bostick N Branch N Brooks Y Brown NBuck Y Buford NByrd Y Carrell N Carter
Chambless N Chance Y Cheeks
N Childers Clark.B
Y Clark.H N Clark,L N Colbert

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

Y Holmes N Hooks
N Hudson YIsakson Y Jackson,J N Jackson, W
N Jamieson Johnson.D Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane.R N Langford N Lawler
N Lawrence Y Lawson NLee N Linder N Long NLord
Y Lucas N Lupton N Mangum N Martin N McCoy Y McDonald N McKelvey
McKinney N Meadows N Milam N Milford
Y Mobley N Moody N Moore YMorton

N Mostiler N Moultrie
N Mueller N Oliver.C N 01iver,M
Y Orrock N Padgett N Pannell
Par ham N Parrish
Patten N Peters
Pettit N Phillips Y Pinkston N Pittman N Porter N Powell
N Prichard N Rainey N Ramsey.T N Ramsey.V N Randall N Ransom NRay Y Reaves
Redding Y Richardson N Ricketson N Robinson Y Royal
N Selman N Shepard N Sherrod N Simpson Y Sinkfield

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

On the passage of the Bill, as amended, the ayes were 48, nays 109.

THURSDAY, MARCH 3, 1988

2207

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

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

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 Annotated, 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 Senate substitute was read:

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 Department 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 departments, and other entities certain health care data and require that certain data be provided; 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; to provide for costs of the data collection systems and fees and charges relating thereto; to provide for sanctions relating to permits and licenses; to provide for civil and criminal penalties; to require certain reports and release of certain information 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.

2208

JOURNAL OF THE HOUSE,

(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, philanthropic 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; (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; (13) For hospitals; (A) The availability of emergency services, trauma centers, intensive care units, and neonatal intensive care units;
(B) Procedures hospitals specialize in and the number of such procedures performed annually; and
(C) Caesarean section rates by number and as a percentage of deliveries; and
(14) Data available on a currently recognized uniform billing statement generally used by health care providers which reflect the following information obtained during a two-month period during each reporting year: the patient's age, sex, race, ZIP Code, county, payer sources, date of admission, discharge date, primary diagnoses, principal procedures, total charges and summary of charges by department, uniform physician identification number, uniform hospital identification number, attending physician identification number, and data by payer category.
(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 associations and health care providers as it shall designate, study and determine such quality indicators and such additional or alternative information related to the intent and purpose of this article 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 certified mail, return receipt requested. In the event such deficiency continues for 15 days

THURSDAY, MARCH 3, 1988

2209

after said notification has been given, the health care provider shall be liable for a penalty 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 and be subject to appropriate sanctions otherwise authorized by law, including, but not limited to, suspension or revocation of that provider's permit or license.
31-7-281. (a) The department shall be required to establish and operate a statewide health care data system to collect, 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 such 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, without undue restrictions, to the department. For purposes of this subsection, reimbursement from the department for the costs incurred by such existing system in collecting
this data shall not be considered an undue restriction. (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 contain the information listed in subsection (c) of Code Section 31-7-280 and
which are collected other than by the department. 31-7-282. The department shall be authorized to request, collect, or receive the
collection and submission of data listed in subsection (c) of Code Section 31-7-280 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 Healthcare Organizations; and
(7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (1) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall
provide the 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 paragraph (2), (3), or (4) of this Code section shall not be required to be
provided to the department by that health care provider. 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 on a health care provider specific basis.
(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 any release or dissemination of the data, the department shall permit the
reporting entity a 30 day opportunity to verify the accuracy of any information pertaining 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. Any information, evidence, or comments submitted to the department in writing by the reporting entity shall be included as a part of the department's release
or dissemination.
(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 reporting of any data required by this article by specified types of health
care providers shall include health care providers operated by state, county, municipality, public or private entities, or any combination thereof.

2210

JOURNAL OF THE HOUSE,

(e) The department shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out its authority and duties under this article.
31-7-284. (a) Subject to the procedures specified in subsection (b) of Code Section 31-7-283, 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 planning 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 published 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; provided, however, no fees shall be imposed upon health care providers which submit data to the department pursuant to this article. 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. (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 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 dissemination of data collected by the state. The reports prepared for release of dissemination from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality.
(e) No cause of action shall arise against a person, entity, or health care provider for disclosing or reporting 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.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 254.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Athon
Atkins Bailey Y Balkcom Y Bannister Y Bargeron

Y Barnett.B
Y Barnett.M Y Beck
Benefield Y 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

THURSDAY, MARCH 3, 1988

2211

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 Cumming9,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 N 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
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
Milam Y Milford
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
Patten Y Peters

On the motion, the ayes were 150, nays 1. The motion prevailed.

Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson 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
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 Y Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

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

SB 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.

By unanimous consent, further consideration of SB 611 was postponed until tomorrow immediately following the period of unanimous consents.

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

Mr. Speaker:
The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:

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 governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

2212

JOURNAL OF THE HOUSE,

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

SB 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 governmental bodies; to provide for applicability to certain nonprofit organizations dealing with public funds and publicly funded activities.

The following Senate amendment was read:

Amend the House substitute to SB 394 by adding after the second semicolon on line 11 of page 1 the following:
"to repeal Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of certain governmental entities;".
By striking on line 34 of page 3 the following: "90 60"
and inserting in place thereof the following: "90".
By striking all matter on lines 1 through 12 of page 8 and inserting in place thereof the following:
"(5) Meetings of any committee the governing authority of a public hospital or any committee thereof when the committee is considering discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law;".
By striking the words "of one of its officers or employees" on line 16 of page 8 and inserting in place thereof the following:
"of a public officer or employee".
By striking the words "of one of its officers or employees" on line 19 of page 8 and inserting in place thereof the following:
"of a public officer or employee".
By striking all of line 19 on page 9 and the first word of line 20 on page 19 and inserting in place thereof the following:
"that the action constituting the violation was completely without merit as to law or fact".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of certain governmental entities, is repealed in its entirety; and the following is inserted in its place:
'36-80-1. Reserved.'"

Representative Groover of the 99th moved that the House agree to the Senate amendment to the House substitute to SB 394.

THURSDAY, MARCH 3, 1988

2213

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
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 N Clark,L Y Colbert

Y Coleman Colwell
Y Connell Y Couch NCox Y Crawford Y Crosby
Cummings.B Y Cummings,M
Davis.G Y Davis.M Y Dixon Y Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd N Foster YGaler
Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham N 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 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 Linder 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

On the motion, the ayes were 149, nays 6. 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
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 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
Smith,? Smith.T
Y Smith,W YSmyre 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
Waldrep Walker.C Y WalkerJL Y Wall Y Ware Y Watson Watts Y White Y Wilder Y Williams,B Williams,J Y Wilson Y Wood Y Workman Y Yeargin Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.
Representative Connell of the 87th moved that the House insist on its position in substituting SB 564.
The motion prevailed.

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

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

2214

JOURNAL OF THE HOUSE,

SB 532 Do Pass, by Substitute SB 559 Do Pass, by Substitute

Respectfully submitted, /s/ Ware of the 77th
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 648 Do Pass, as Amended
Respectfully submitted, /&/ Watson of the 114th
Chairman

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 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.

HB 1001.

By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

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

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.

THURSDAY, MARCH 3, 1988

2215

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Langford of the 35th and Scott of the 2nd.

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

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 mentally 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 conduct.

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 corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.

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

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 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.

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

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

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

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

2216

JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Baldwin of the 29th, Deal of the 49th and Hine of the 52nd.

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

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 Annotated, 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.

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.

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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

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, MARCH 4, 1988

2217

Representative Hall, Atlanta, Georgia Friday, March 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 the Reverend Mabel S. Foster, Pastor, First United Methodist Church, Tucker, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals,
reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1921 SB 683 SB 684 SB 685

SB 686 SB 687 SB 688

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 274 Do Pass
Respectfully submitted, /s/ McDonald of the 12th
Chairman

2218

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 201 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 973 Do Pass HR 580 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:

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

HB 1922 Do Pass HB 1923 Do Pass SB 655 Do Pass SB 656 Do Pass

SB 657 Do Pass, by Substitute SB 674 Do Pass SB 680 Do Pass, as Amended SB 681 Do Pass

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

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

HOUSE RULES CALENDAR FRIDAY, MARCH 4, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 39th Legislative Day as enumerated below:

FRIDAY, MARCH 4, 1988

2219

HR 21 Lead Poisoning Prevention Study Committee: Create HR 548 Radon Gas Study Committee: Create HR 930 Farm Accidents: Include in Cert. Emerg. Training: Urge Human Res.
SB 109 Controlled Substances: Manufacture: Amend Provisions SB 124 State Employees: Sick Leave: Amend Provisions SB 197 Magistrate: Minimum Salary SB 407 Absentee Ballot: Application: Cert. Age Requirement SB 408 Municipalities: Residency Req. Nonjudicial Offices (Rec.) SB 434 Probation: Maximum Duration of Any Period: Requirement SB 458 National Guard: Certain Persons: Special License Plates SB 462 Emergency Med. Technicians: Utilize Automatic Defibrillators SB 511 Crimes: False Identification Documents: Possession, Etc. SB 532 Fulton County: Boards of Health: Benefits SB 561 Controlled Sub.: Deposit Seizure in Interest-Bearing Account SB 578 Motor Vehicle Ins.: Accident: Claim Against Party at Fault SB 597 Hazardous Waste Management Auth.: Limit Cert. Liability SB 601 Health Insurance: Individual Policy: Requirements SB 621 Abortion: Parental Notification: Signed Statement SB 625 Mun. Elec.: Terms of Officers Elected in 1990: Amend Prov. SB 642 Georgia Dairy Act: Amend SB 647 Crimes: Fraudulent Purchasing Residential Property: Prohibit SB 667 Solid Waste Management Act: Amend
SR 423 Tobacco Export to South Korea: Relative To
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

SB 655. By Senator Langford of the 35th:
A bill to amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County so as to provide additional powers for the medical examiner of Fulton County; to provide for compelling the attendance of witnesses and for the production of evidence.

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

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.

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

2220

JOURNAL OF THE HOUSE,

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

SB 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 superior 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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court, the deputy clerk of the superior court, the chief deputy sheriff, the sheriffs chief investigator, and the sheriffs executive secretary; 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 changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. (a) The clerk of the superior court shall receive an annual salary of $52,524.00, to be paid in equal monthly installments from the funds in the county treasury.
(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $42,240.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."
Section 2. Said Act is further amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $51,030.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he qualifies to run for the office

FRIDAY, MARCH 4, 1988

2221

of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County.
(c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer, or be a graduate of a law school accredited by the Georgia Bar Association, or be a graduate of the Southern Police Institute School of Police Management and Administration. The salary of the chief investigator shall be $49,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb County.
(d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive secretary to the sheriff. The executive secretary shall be appointed by the sheriff, shall be under his direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $28,875.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

Amend SB 680 by striking from line 16 of page 1 the following: "$52,800.00", and inserting in lieu thereof the following: "$50,400.00".

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

SB 681. 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.

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

SB 674. By Senator Foster of the 50th:
A bill to provide a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum and effective dates.

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

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

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

Y Cheeks Y Childers
Clark.B
Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell
Couch Y Cox Y Crawford Y Crosby
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
Goodwin
Y Green Y Greene

Greer Gresham Y Griffin
Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb
Holmes
Y Hooks Hudson

FRIDAY, MARCH 4, 1988

2223

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
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
Oliver.C Oliver.M Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish Y Patten
Peters Y Pettit
Phillips Y Pinkston
Y Pittman Porter
Y Powell Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
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
YSmyre YSnow
Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond

Y Tolbert Y Townsend
Triplett YTwiggs
Y Waddle Y Waldrep
Walker.C Walker,L YWall Ware Y Watson Y Watts White Wilder Y Williams,B Williams,J 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 House:

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 designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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."

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 compensating the board; to change the amount of compensation.

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.

2224

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.

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.

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.

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 probate court; to provide an effective date.

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 members of the board.

HB 1891. 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 consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner and the chief clerk thereof.

HB 1892. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facilities Authority, so as to change the number of members of said Authority from six to seven members; to fix the terms of office of the seventh member.

HB 1899. By Representatives Pittman of the 60th and Goodwin of the 63rd:
A bill to create a new charter for the City of Norcross, Georgia, in the County of Gwinnett; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Norcross to be exercised by the governing authority.

FRIDAY, MARCH 4, 1988

2225

HB 1900.

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 add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and for the election of successors to such judge; to continue the existing terms of the present judges of said court.

HB 1902. By Representative Ware of the 77th:
A bill to provide a new charter for the City of Franklin; 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.

HB 443. By Representative Hamilton of the 124th:
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 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.

HB 503. By Representatives Brown of the 88th, Martin of the 26th, White of the 132nd, McKelvey of the 15th, Ramsey of the 3rd and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for comprehensive regulation of the disclosure to state employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title.

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.

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 Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations.

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 Annotated, 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.

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 Annotated, known as the "Amusement Ride Safety Act," so as to change the provisions relating to liability insurance.

2226

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 Annotated, relating to definitions under the "Georgia Post-mortem Examination Act," so as to change the definition of the term "medical examiner".

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 commodities and commodity contracts and options.

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".

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.

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 Annotated, 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.

HB 1576.

By Representative Workman of the 51st:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, 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.

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 "illegitimate" and "bastard" and derivations of either and substitute words relating to being born out of wedlock.

HB 1618. By Representative Mostiler of the 75th:
A bill to amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a "nonprofit contractor".

FRIDAY, MARCH 4, 1988

2227

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.

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.

The Senate has agreed to the House substitutes to the following Bills and Resolution of the Senate:

SB 73. By Senator Deal of the 49th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally.

SB 98. By Senators Foster of the 50th and Deal of the 49th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the marking of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions.

SB 404. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-240 of the Official Code of Georgia Annotated, 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 removing the requirement that a change of address be made under oath.

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.

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JOURNAL OF THE HOUSE,

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 641. By Senators Newbill of the 56th, Barnes of the 33rd, Harrison of the 37th and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a child and adolescent drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction.

SB 649. By Senator Walker of the 43rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation.

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 certain condition to such special valuation of property; to provide for the submission of this amendment for ratification or rejection.

The Senate has agreed to the House amendments to the following Bills and Resolution of the Senate:

SB 248. By Senator Hine of the 52nd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful 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.

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.

FRIDAY, MARCH 4, 1988

2229

SR 264. By Senator Kidd of the 25th:
A resolution creating the Joint Study Committee on Area Planning and Development Commissions.

The Senate has adopted the reports of the Committees of Conference on the following Bills of the Senate and House:

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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

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.

HB 1035.

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

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

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 institutions.

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.

HR 721. By Representatives Redding of the 50th and Orrock of the 30th:
A resolution encouraging home builders and developers of single-family residences 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.

2230

JOURNAL OF THE HOUSE,

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

HB 1570. By Representative Crawford of the 5th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of such permits.

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

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.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

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

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 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.

The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:

FRIDAY, MARCH 4, 1988

2231

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

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

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

HB 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.

HB 1701. By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, 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 Senate insists on its amendment to the following Resolution 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.

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

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 provisions relating to renunciations of successions to interests in property to clarify 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 Senate has disagreed to the House substitute to the following Bill of the Senate:

2232

JOURNAL OF THE HOUSE,

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

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.

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 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.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 216 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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

HB 1001.

By Representatives McDonald of the 12th, Lee of the 72nd and Coleman of the 118th:
A bill to amend Part 1 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act", so as to change the definition of "appropriation".

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1001 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, MARCH 4, 1988

2233

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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

HB 1922. By Representative Aiken of the 21st:
A bill to amend an Act reincorporating the City of Marietta, 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 104, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1923. By Representative Aiken of the 21st:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

HB 308. By Representatives Wood of the 9th, Phillips of the 120th, Jackson of the 9th, Barnett of the 10th and Lawson of the 9th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources relative to the control of water pollution, so as to repeal a provision relating to marine toilets; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to provide for definitions of the terms "discharged", "marine toilet", "sewage", and "sole state waters".

The following Senate substitute was read:

A BILL
To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to operate or float a vessel on Lake Sidney Lanier with a toilet that is not designed for no discharge and to fail to display a certificate certifying compliance; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia

2234

JOURNAL OF THE HOUSE,

Boat Safety Act," so as to provide for definitions of the terms "discharged," "holding tank," "marine toilet," "portable marine toilet," "protected fresh waters," and "sewage"; to provide for findings and for a declaration of the intent of the General Assembly to prohibit the discharge of sewage from vessels into Lake Sidney Lanier; to provide that it shall be unlawful to operate or float a vessel on Lake Sidney Lanier with a toilet that is not designed for no discharge; to provide that it shall be unlawful to pump out a holding tank into anything other than an approved pump-out facility; to provide that compliance shall be achieved by July 1, 1988, for vessels being operated or floated on Lake Sidney Lanier and that after such date persons renewing registrations for affected vessels must certify compliance on their next date of renewal; to provide that persons registering affected vessels after July 1, 1988, for vessels to be operated or floated on Lake Sidney Lanier must comply; to require that any vessel operated or floated on Lake Sidney Lanier which has a marine toilet must be registered and a certificate must be obtained; to require the maintenance of certain records; to provide that vessels must display certificates certifying compliance; to provide that vessel owners must pay a fee for such certificates; to provide for the disposition of such fees; to provide penalties for failure to obtain certificates or for falsifying information; to provide for law enforcement officers to board vessels to determine compliance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, is amended by adding to the end thereof the following:
"(c) As applied to the waters of Lake Sidney Lanier, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto."
Section 2. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," is amended by striking Code Section 52-7-3, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 52-7-3 to read as follows:
"52-7-3. As used in this article, the term: (1) 'Blind point' means that portion of any of the waters of this state in which
there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident.
(2) 'Board' means the Board of Natural Resources. (3) 'Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) 'Commissioner' means the commissioner of natural resources. (5) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) 'Department' means the Department of Natural Resources. (7) 'Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (8) 'Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet, and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank. (D (9) 'Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (10) Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such

FRIDAY, MARCH 4, 1988

2235

sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out.
(8) (11) 'Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel.
(9) (12) 'Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation.
{-K)} (13) 'No wake' means that the wake or wash created by the movement of the vessel through the water is minimal.
(tt) (14) 'Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery.
fHJ) (15) 'Operator' means the person who operates or has charge of the navigation or use of a vessel.
(W) (16) 'Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security.
(14) (17) 'Person' means an individual, partnership, firm, corporation, association, or other legal entity.
(16) (18) 'Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, tw Type IV, or Type V (Hybrid) by the United States Coast Guard.
(19) 'Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel, and which is designed to receive and temporarily retain sewage.
(16) (20) 'Power boat' means any boat, vessel, or water-going craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof.
(21) 'Protected fresh waters' means the waters of Lake Sidney Lanier. (W) (22) 'Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00. (23) 'Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. (18) (24) 'Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto.
(19) (25) 'Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts.
(20) (26) 'Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public."
Section 3. Said article is further amended by adding immediately following Code Section 52-7-8 a new Code Section 52-7-8.1 to read as follows:
"52-7-8.1. (a) (1) The General Assembly finds that because of the great number of vessels having marine toilets which are operated or moored on Lake Sidney Lanier, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of said lake. The General Assembly finds that the volume of vessels on Lake Sidney Lanier far exceeds such volume on other fresh water lakes in Georgia and, therefore, special protection for the waters of such lake is required.

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JOURNAL OF THE HOUSE,

(2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of Lake Sidney Lanier by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lake shall be prohibited. (b) It shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters. (c) It shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out.
(d) It shall be unlawful to pump out any sewage from a holding tank except into a pump-out facility approved by the department. It shall also be unlawful to discharge or dispose of the wastes from a portable marine toilet into protected fresh waters except into a pump-out facility approved by the department or into a permanent toilet or sewer system located on dry land.
(e) It shall be unlawful for any person to operate or float a vessel having a marine toilet whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and holding tank as the terms are defined in Code Section 52-7-3 have been properly installed on the vessel.
(f) Applications shall be signed by the owner or owners of the vessel and shall be accompanied by a fee of $5.00. A certificate issued under this Code section shall continue in full force and effect, and shall not require renewal; provided, however, that the certificate shall become invalid if it is determined that a false or fraudulent statement was made in the application. Notwithstanding any other provision of law, the department is authorized to retain all funds generated by the operation of its program to require certificates for marine toilets under this Code section for use in the operation of that program. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds.
(g) This Code section shall apply on and after July 1, 1988, for all vessels on protected fresh waters, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1988, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1988, if said vessel is to be operated or floated on protected fresh waters. For vessels registered after July 1, 1988, which will be operated or floated on protected fresh waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel. Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on protected fresh waters must be registered and must obtain a certificate pursuant to this Code section.
(h) Any person owning a vessel with a marine toilet, who does not obtain a certificate for such toilet upon the issuance or first renewal of the vessel's registration after July 1, 1988, if such vessel is operated or floated on protected fresh waters, and any person who falsifies information about the existence of a marine toilet or holding tank in an application for a certificate, shall be guilty of a misdemeanor and shall be subject to the penalties associated with misdemeanors.

FRIDAY, MARCH 4, 1988

2237

(i) Persons operating or floating vessels with marine toilets and subject to the requirements of this Code section shall create and maintain for at least one year after creation, records which indicate the name and location of pump-out facilities used and the dates of such use. Persons who own or operate pump-out facilities shall also create and maintain for at least one year after creation, records which indicate the name and vessel registration number, the date of pump-out, and verification of pump-out."
Section 4. Said article is further amended by adding immediately following paragraph (4) of subsection (b) of Code Section 52-7-25, relating to enforcement of article, a new paragraph (4.1) to read as follows:
"(4.1) To board vessels in use or floating, whether moored or not, for purposes of examining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes that any of said provisions of this article relating to marine toilets have been violated;".
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Wood of the 9th moved that the House agree to the Senate substitute to HB 308.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman Colwell Connell
Couch YCox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,G
Davis.M
Dixon Y Dobba Y Dover
Dunn Edwards Y Felton Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Greer Gresham Y Griffin Groover Y Hamilton Y Banner
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
Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney
Y Meadows Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 131, nays 0.

The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell
Par ham Y Parrish Y Patten
Peters Pettit Y Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson
Y Robinson Y Royal
Y Selmar, 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 Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Watts White Wilder Y Williams.B Williams.J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy ,Spkr

2238

JOURNAL OF THE HOUSE,

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 following Senate amendment was read:

Amend HB 1815 by striking on line 5 of page 7 the following: "$43,000.00", and inserting in lieu thereof the following: "50,000.00".

Representative Barnett of the 10th moved that the House agree to the Senate amendment to HB 1815.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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 Annotated, relating to uniform rules of the road for traffic offenses, so as to provide 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 Senate substitute was read:

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 provisions relating to the duty of a driver to stop at or return to the scene of certain accidents; to provide for duties, responsibilities, and requirements of drivers; to provide for criminal penalties; to provide for payment of fines in installments; 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 conflicting laws; and for other purposes.
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 Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, which reads as follows:
"40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary.
(b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

FRIDAY, MARCH 4, 1988

2239

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both;
(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas
of nolo contendere accepted within such five-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (c) If the payment of the fine required under subsection (b) of this Code section will
impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced
through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(d) Notwithstanding the limits set forth in any municipal charter, any municipal
court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.",
and inserting in its place a new Code Section 40-6-270 to read as follows: "40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury
to or the 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 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 felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
(c) (1) If such accident is the proximate cause of an injury other than a serious injury as defined in Code Section 33-34-2, or if such accident resulted in damage to
a vehicle which is driven or attended by any person, 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

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JOURNAL OF THE HOUSE,

to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section."
Section 2. 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:
"(a) Any offense, except a violation of Code Section 40-6-270 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 or Code Section 40-6-393 shall be charged as a state violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Colbert of the 23rd moved that the House agree to the Senate substitute to HB 1263.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman Y Colwell
Connell Couch YCox Y Crawford
Crosby Y Cummings,B Y Cummings.M
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 Gresham
Y 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
Johnson,D Y Johnson,R
Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Lucas 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

On the motion, the ayes were 131, nays 0.

Y Mostiler
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell
Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Randall Ransom
YRay Y Reaves Y Redding
Richardson 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
Smyre YSnow Y Stancil Y Stanley
Stein berg 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 Y Ware Watson
Y Watts White Wilder
Y Williams.B Williams,J
Y Wilson YWood Y Workman Y Yeargin
Murphy.Spkr

FRIDAY, MARCH 4, 1988

2241

The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, 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 definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, is amended by adding at the end thereof a new subsection, to be designated subsection (h), to read as follows:
"(h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an 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 alcoholic beverage to request to see and to be furnished with proper identification as provided 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 may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 126th moved that the House agree to the Senate substitute to HB 1322.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAdams,G YAdams,M YAiken YAlford Y Alien
Athon Atkins Bailey Balkcom
Y Bannister Bargeron
YBarnett,B YBarnett,M YBeck YBBeennenfield

Birdsong Bishop Y Bostick Y Branch Y Brooks Y Brown
Buck YBuford Y Byrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks YChilders Y CCllaarrkk,.BH

V n.,,1, i V cSbe'rt v Co mil Y Co wTn Y X ,
Connell vrT
v r rf A * ~raw"ora * ^rosby * Cummmgs,B
SsG nM Y Dkon v n M? Dobbs XV nDunn

Edwards Y Felton Y F1yd
Foster Y Galer Y Godbee Y Goodwin
Green Y Greene

Griffm Y Groover Y Hamilton
Hanner y^ Y Hasty*

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

2242

JOURNAL OF THE HOUSE,

Langford Lawler Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Lucas Y Lupton Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Y Meadows Y Milam Y Milford

Y Mobley Y Moody
Y Moore Y Morton
Mostiler Moultrie
Y Mueller Oliver.C Oliver.M Orrock
Y Padgett Y Pannell Y Parham
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
Ransom Y Ray Y Reaves Y Redding
Richardson Y Ricketson
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
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend

On the motion, the ayes were 124, nays 0. The motion prevailed.

Y Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall
Y Ware Y Watson
Watts White Wilder Y Williams.B WilliamsJ Y Wilson Y Wood Y 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 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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

Representative Childers of the 15th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1348 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 15th, Selman of the 32nd and Richardson of the 52nd.

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

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 Annotated, 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 following Senate amendment was read:

Amend HB 1347 by adding on line 17 of page 1 after the word "function" the following:

FRIDAY, MARCH 4, 1988

2243

"closed to the general public and".

Representative Bishop of the 94th moved that the House agree to the Senate amendment to HB 1347.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman
N Colwell Y Connell Y Couch YCox Y Crawford Y Crosby
Y Cummings.B Y Cummings.M Y Davis.G
Davis.M Y Dixon N 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 Griffin Y Groover Y Hamilton Y Banner 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
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald N McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Moody Moore Y Morton

On the motion, the ayes were 132, nays 9.

The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Y Pettit Phillips Pinks ton 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
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 Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond N Tolbert Y Townsend Y Triplet! N Twiggs Y Waddle Y Waldrep
Walker.C 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

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

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 homestead.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1505

The Committee of Conference on HB 1505 recommends that the Senate recede from its position and that HB 1505 as passed by the House of Representatives be adopted.

2244

JOURNAL OF THE HOUSE,

FOR THE SENATE: /s/ RS.enTa.toPrh, i9lltihpsDistrict
/s/ Donn M. Peevy Senator, 48th District
/s/ Loyce W. Turner Senator, 8th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles E- BannisterRepresentative, 62nd District
/s/ vingon Wflll Representative, 61st District
/s/ Ron Pittman Representative, 60th District

Representative Wall of the 61st moved that the House adopt the report of the Committee of Conference on HB 1505.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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

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 Annotated, 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 Senate substitute was read:

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; 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), (d), and (e) 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 March i 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

FRIDAY, MARCH 4, 1988

2245

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 dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board 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 necessary 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; .
{3} T-he average of the local school system's most recent three full-time equivalent
program counts snail serve ds tnc tun-time equivalent count used to compute tnc funds needed te finance each rcapoctivc 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 full-time equivalent program count shall be calculated as follows:
(1) Divide the second total full-time equivalent count for the current fiscal year by the second total full-time equivalent count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the third total full-time equivalent count for the immediately preceding fiscal year. The result
shall be the projected third total full-time equivalent count for the current fiscal year; (3) Divide the average of the local school system's three most recent full-time
equivalent program counts by the average of the three most recent total full-time equivalent counts; and
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected third full-time equivalent program count for the current fiscal year.
(d) The average of the first two full-time equivalent program counts and the pro-
jected third full-time equivalent program count for the current fiscal year shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year.
(e) The average of the local school system's three full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to

2246

JOURNAL OF THE HOUSE,

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 three full time equivalent counts first two full-time equivalent counts and the projected third full-time equivalent count for the current fiscal year; provided, however, that if the third full-time equivalent count for the current fiscal year is lower than the projected third count, the midterm adjustment shall be calculated using the average of the three actual full-time equivalent counts 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 paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had fulltime 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 full-time 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 fulltime 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.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawler of the 20th moved that the House agree to the Senate substitute to HB 1422.

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

Y Aaron
YAd^M Y Aaama.M YAiken YAlford YYAAtlhieonn Y Atkins
Y Bailey YBalkcom Y Bannister YBBaarrgneertot,nB Y Barnett,M

Y Beck
Y Beennfl<ild Benn
Y Birdsong Y Bishop YYBBorsatnicchk
Brooks
Y Brown Y Buck Y Buford YY CByarrrdell Y Carter

Chambless
Y ^Sta v ,-,,.,, ^WkB v r rk H
Clarkv.'rL X
X em,an r',
v h X* ^01u.ch Y Crawford

.
Y ^ings ,B
Y Cum-nings.M Y Davis.G Y Davis M
Di*n Yy DDoovbebrs YDunn
Edwards Y Felton Y Floyd Y Foster

Y Godbee
Y Goodwin
Y Gre ,, ,-, Yg V r !ff YX GSnrofofmver Y Hamilton
X "a er Y "a X""^ Y Heenasrlfey

Y Herbert YHolcomb Y Holmes Y Hooks Y Hudson Ylsakson
Jackson,J YJackson,W YJamieson YJohnson,D
YJohnson,R YKilgore Y Kingston YLane,D YLane,R
YLangford YLawier Y Lawrence YLawson YLee
YYLLoinndger

Y Lord Y Lucas
Lupton YMangum 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
Oliver.C
YY OOrlrivoecrkM

FRIDAY, MARCH 4, 1988

Y Padgett ?a" ne11
Y Parham Y Parrish
P> Y Petere Y Petat
Phr lips Y Pinkston Y Pittman
Y P^ Y Pown , Y Pchard Y Salney Y Ramsey.T
X STX^ Y Randall Y Ransom Y Ray Y Reaves
gRfic^hmardgson

v D. i . y Robimon Y Rova" V Retain
tTd Y She?rod Y Sirnoson
ftaHMd Y S zemore V SmtthT ? s Jh P
sSthT Y Smith W
Sm Y Snow v sZTcil
Y ISrJev fSL
Y Stephens TrfornaTc
Y ThoZsM
YY TIhhoomSpSso^nJ

On the motion, the ayes were 141, nays 0.

The motion prevailed.

2247
Thurmond Y Tolbert
Townsend Y Triplett Y Twi89 Y Waddle Y Waldrep
S""1 "' 0 Y Walker.L Y Wal1
Ware
Watson Y Watts
White Wilder Y Williams.B
Williams,J Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

HB 1913. By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, to change the membership of the authority; to provide for the appointment of additional members and their terms of office.

The following Senate substitute was read:

A BILL
To further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct thereof, said authority having been created pursuant to an amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151); to change the membership of the authority; to provide for the appointment of additional members and their terms of office; to provide for quorums; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Pursuant to the authority granted in Paragraph N of that amendment to the Constitution of Georgia of 1945 (Ga. L. 1962, p. 945), which amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof and continued in effect pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia of 1983 by an Act approved March 18, 1985 (Ga. L. 1985, p. 3845), and having been previously amended particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4151), the management and conduct of the authority is further regulated by striking Paragraph B, which reads as follows:

2248

JOURNAL OF THE HOUSE,

"B. The Authority shall consist of nine members. The Chairman of the Board of Commissioners of the City of Griffin, the Chairman of the Board of Commissioners of Spalding County, Georgia, and the Executive Director of the Griffin-Spalding County Chamber of Commerce shall be members of the Authority, or if the Chairman of either or both Boards of Commissioners shall elect to do so, he may appoint another member of his Board of Commissioners to serve in his stead, such appointment to be during the tenure of and at the pleasure of the Chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint three members for terms of three yeas each and the Board of Commissioners of Spalding County shall appoint three members for terms of three years each. As the terms of office of the existing four appointed Authority members expire, the Board of Commissioners of Spalding County, Georgia, shall appoint a member to fill the term expiring December 31, 1978, and the Board of Commissioners of the City of Griffin shall appoint members to fill the terms expiring December 31, 1979, December 31, 1980, and December 31, 1981. In addition, the Board of Commissioners of Spalding County shall appoint the two new members to three-year terms except that such terms shall initially expire on December 31, 1979, and on December 31, 1980, respectively. Thereafter, appointed members shall each be appointed for threeyear terms by the respective Board of Commissioners and vacancies for each unexpired term shall be refilled by the respective Board of Commissioners. Appointed members shall be eligible for reappointment. Five of the nine members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to Act.", and inserting in lieu thereof a new Paragraph B to read as follows:
"B. The authority shall consist of 12 members. The chairman of the Board of Commissioners of the City of Griffin, the chairman of the Board of Commissioners of Spalding County, and the executive director of the Griffin-Spalding County Chamber of Commerce shall be members of the authority or, if the chairman of either or both boards of commissioners shall elect to do so, the chairman may appoint another member of his board of commissioners to serve in his stead, such appointment to be during the tenure and at the pleasure of the chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint four members for terms of three years each and the Board of Commissioners of Spalding County shall appoint four members for terms of three years each, except as provided in this Paragraph. The six appointed authority members in office on March 1, 1988, shall serve for the remainder of the terms to which they were appointed, with the term of one such member appointed by the Board of Commissioners of the City of Griffin expiring on December 31 of each year and the term of one such member appointed by the Board of Commissioners of Spalding County expiring on December 31 of each year. In addition to such six appointed members, the Board of Commissioners of the City of Griffin shall appoint one additional member, the Board of Commissioners of Spalding County shall appoint one additional member, and one additional member shall be appointed jointly by the Board of Commissioners of the City of Griffin and the Board of Commissioners of Spalding County. Such additional three members shall have initial terms of office beginning immediately upon their appointment and expiring December 31, 1990. Thereafter, appointed members shall each be appointed for three-year terms by the respective board of commissioners and vacancies for each unexpired term shall be filled by the respective board of commissioners. Appointed members shall be eligible for reappointment. Seven of the 12 members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Herbert of the 76th moved that the House agree to the Senate substitute to HB 1913.
On the motion the ayes were 120, nays 0.
The motion prevailed.

FRIDAY, MARCH 4, 1988

2249

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 Annotated, 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 following Senate substitute was read:

A BILL
To amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a misdemeanor of a high and aggravated nature if the damage to certain property is greater than $500.00; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 16-9-51 to read as follows:
"16-9-51. (a) A Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
(b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
fb) (c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 1431.
On the motion, the roll call was ordered and the vote was as follows:

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

Carrell Y Carter
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 Y Cox
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 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
Hensley 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
Lee
Y Linder Y Long
Lord
Y Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam Y Milford

Mobley Y Moody Y Moore Y Morton Y Mostiler
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Y Peters Y Pettit
Phillips Y Pmkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V

2250

JOURNAL OF THE HOUSE,

Randall
Y Ransom YRay Y Reaves Y Redding
Y Richardson YRicketson Y Robinson Y Royal YSelman

Y Shepard
Y Sherrod Y Simpson
Sinkfield YSizemore
Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre

Y Snow
Y Stancil Y Stanley
Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert

Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Y Wa ker.C Y Walker.L Y Wall Y Ware Y Watson

On the motion, the ayes were 152, nays 0. The motion prevailed.

Y Watte
White Wi der Y W, mms.B Wi 1iams,J
Y Wilson YWood Y Workman Y Yeargm
Murphy.Spkr

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 Annotated, relating to fees of the Secretary of State for filing documents and issuing 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 statewide county computerized information network and participation by clerks of superior courts therein.

The following Senate amendment was read:

Amend HB 1444 by adding, following the words "Secretary of State" on line 7 of page 1 the following:
"; to amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-291 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, so as to change a fee in order to provide funds to create a state-wide county computerized information network for access to corporate records maintained by the Secretary of State; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report".
By adding following the word "costs" on line 12 of page 1 the following:
"; to provide effective dates".
By renumbering Sections 2 and 3 as Sections 5 and 7, respectively.
By adding following Section 1 three new sections to read as follows:
"Section 2. Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $26.00 for each yea* which it se feite er refuses not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283.'
Section 3. Code Section 14-3-291, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, is amended by

FRIDAY, MARCH 4, 1988

2251

striking paragraph (19) and inserting in lieu thereof a new paragraph (19) to read as follows:

'(19) Filing annual registration of domestic or foreign corporation.......................................................................................

15.00'

Section 4. Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

'(a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall be penalized $10.00 for each year is which it so feite er refuses not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217.'".

By adding between Sections 5 and 7, as redesignated, the following:

"Section 6. Sections 2 and 4 of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1988.".

Representative Chambless of the 133rd moved that the House agree to the Senate amendment to HB 1444.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman Colwell Connell 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 Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes
Y Hooks Hudson
Y Isakson Jackson.J
Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford
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

On the motion, the ayes were 146, nays 0. The motion prevailed.

Y Mostiler Y Moultrie
Mueller Oliver.C Oliver.M
Y Orrock Y Padgett Y Pannell
Par ham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
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
Smith.T
Y Smith, W Smyre
Y Snow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams,B
Williams,J Y Wilson
Y Wood Y Workman Y Yeargin
Murphy.Spkr

2252

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

HR 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.

Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate amendment to HR 746 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Lee of the 72nd and Couch of the 40th.

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

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 Annotated, 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 Senate amendment was read:

Amend HB 1489 by adding on line 6 of page 1, after the semicolon and before the word "to", the following:
"to provide an exception;".
By striking the period and quotation marks at the end of line 20 of page 1 and inserting in lieu thereof the following:

FRIDAY, MARCH 4, 1988

2253

"; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs."
Representative Ware of the 77th moved that the House agree to the Senate amendment to HB 1489.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron 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 Benn
Y Birdsong Bishop
Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd
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 YCox Y Crawford Y Crosby Y Cummings.B Y 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
Y Godbee Y Goodwin Y Green Y Greene
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 Linder YLong YLord
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
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 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 Sinkfield

Y Sizemore Y Smith.L Y Smith,?
Y Smith.T Smith.W Smyre
YSnow
Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C 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
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J
Y Wilson Y Wood Y Workman Y Yeargin
Murphy.Spkr

On the motion, the ayes were 147, nays 0. The motion prevailed.

Representative Brooks of the 34th arose to a point of personal privilege and addressed the House.

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

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

HB 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.

2254

JOURNAL OF THE HOUSE,

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 Annotated, 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 certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.

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

SB 435. By Senators Barries 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 provide 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.

Representative Groover of the 99th moved that the House insist on its position in substituting SB 435.
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 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 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.

Representative Ware of the 77th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1268 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Workman of the 51st and Groover of the 99th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 Annotated, 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.

FRIDAY, MARCH 4, 1988

2255

The following Senate amendments were read:

Amend HB 1527 by striking from line 20 of page 2 the following: "(d)",
and inserting in lieu thereof the following:

By adding between lines 19 and 20 of page 2 the following:
"(d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-16, relating to the adoption of adult persons."

Amend HB 1527 by striking from line 19 of page 1 the last word "can". By striking lines 1 through 3 of page 2 and inserting in lieu thereof the following: "of the final decree of adoption." By striking from line 14 of page 2 the following: "filing of a petition for", and inserting in lieu thereof the following: "the final". By striking from line 18 of page 2 the following: "or placement", and inserting in lieu thereof the following: "or final decree of adoption".

Representative Pettit of the 19th moved that the House agree to the Senate amendments to HB 1527.
On the motion, the roll call was ordered and the vote was as follows:

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

Brown YBuck
Y Buford YByrd
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 YCox
Crawford Crosby
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
Godbee Y Goodwin Y Green
Y Greene Greer Gresham Griffin
Y Groover Y Hamilton
Manner

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 Y Johnson,D Y JohnsonrR Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford Y 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 YMilam Y Milford
Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie

2256

JOURNAL OF THE HOUSE,

Mueller
Oliver.C N01iver,M YOrrock
Padgett Pannell YParham

Y Porter
YPowell Y Prichard
Rainey YRamsey.T Y Ramsey.V Y Randall

YY RRnovynall
v Sher^ard Y Shepard Y |herrod v I nkfS Y bmktield Y S.zemore

,, 0 ,
YY SStteainnlbeeyrg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond y To,bert

YParrish
Patten
Y Peters YPettit
Phillips YPinkston
Y Pittman

Y Ransom
Y Ray
Y Reaves Redding
Y Richardson YRkketson
Y Robinson

v I SP
Y| ^
=:?',,, Y Im'vre Y Jmyre v |now ,
Y btancu

Y Townsend
Y Triplett
Y Twiggs Y Waddle
Waldrep Walker C

On the motion, the ayes were 137, nays 1.

The motion prevailed.

Y Walker.L VY W Wa*ll' Y Watson Y Wafts
vw Y yJT Y C, gi c ,,
Murphy.Spkr

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 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.

The following Senate substitute was read:

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 provide written notice of a demand for payment prior to filing the civil action in order to recover certain damages; to provide for forms; to provide certain other conditions in order for a property 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 property 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.
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 involving 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 total claim, including exemplary damages, is less than $3,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $150.00 or twice the amount of compensatory

FRIDAY, MARCH 4, 1988

2257

damages recovered in the action, whichever is greater, and the cost of maintaining the civil action if all of the following apply:
(A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, 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) 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 receipt of the written demand 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 (C) 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 applicable.
(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, written
notice of demand for payment shall be substantially as follows: 'Upon reasonable cause, notice is given of (my) (our) demand for payment of dam-
ages in the amount of (state amount claimed based upon value of the personal prop-
erty and any other loss sustained as a result of the willful damage or theft offense) arising out of your (willful damage, theft, or unlawful conversion) of the following per-
sonal property owned by (the undersigned or other owner):
(List affected property) ____________________________________

Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus exemplary damages equal to ($150.00 or twice the amount claimed, whichever is greater) plus court costs and such other relief as the law provides.
(d) If a property owner whose personal property was willfully damaged or was the subject of a theft offense provides written notice of 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.
(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.

2258

JOURNAL OF THE HOUSE,

(f) As used in this Code section, the term 'value' means the retail value of any personal 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.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 1538.
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
Bailey 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
Byrd
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
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
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

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

On the motion, the ayes were 142, nays 0. The motion prevailed.

Mostiler Moultrie Y Mueller 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 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
Smith,? Smith.T Smith.W Y Smyre Y Snow
Y Stancil Y Stanley Y 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
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

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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

The following Senate substitute was read:

FRIDAY, MARCH 4, 1988

2259

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to provide certain tort immunity for nursing and advanced nursing students; to change provisions granting certain tort immunity for medical students; to except acts of willful or wanton misconduct or gross negligence; to provide that the liability of a medical facility, academic institution, registered professional nurse, or dentist is not affected; to provide for exceptions where liability coverage is applicable to the student; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by adding at the end thereof new Code Sections 51-1-40 and 51-1-41 to read as follows:
"51-1-40. (a) No student who participates in the provision of dental care or dental treatment under the direct supervision of a licensed dentist, as a part of an academic curriculum leading to the award of a dental 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 or gross negligence.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist.
51-1-41. (a) No student who participates in the provision of nursing or advanced nursing care under the direct supervision of a registered professional nurse, 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 or gross negligence.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, registered professional nurse, or doctor of medicine."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 51-1-38, relating to tort immunity for medical students, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No student who participates in the provision of medical care or medical treatment under the direct supervision of a medical facility, academic institution, er doctor of medicine, as a part of an academic curriculum leading to the award of a medical 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 or gross negligence."
Section 3. The exemptions provided for in Sections 1 and 2 of this Act shall not apply to any student who is covered by any liability insurance up to the limits of such coverage for the occurrence involved.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 83rd moved that the House disagree to the Senate substitute to HB 1549.
The motion prevailed.

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 Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.

The following Senate amendment was read:

2260

JOURNAL OF THE HOUSE,

Amend HB 924 by striking from lines 4 and 5 of page 1 the following:
"July 1, 1988,",
and inserting in lieu thereof the following:
"July 1 of the year in which this Act becomes effective".
By striking from line 5 of page 51, line 9 of page 55, line 13 of page 55, line 19 of page 55, lines 26 and 27 of page 55, line 32 of page 55, line 4 of page 56, and line 21 of page 56 the following:
"July 1, 1988,",
and inserting in lieu thereof the following:
"July 1 of the year in which this chapter becomes effective".
By striking from line 11 of page 55, line 9 of page 56, lines 11 and 12 of page 56, and lines 23 and 24 of page 56 the following:
"July 1, 1988.",
and inserting in lieu thereof the following:
"July 1 of the year in which this chapter becomes effective."
By striking from line 20 of page 55 the following:
"April 15, 1988,",
and inserting in lieu thereof the following:
"April 15 of the year in which this chapter becomes effective".
By striking from line 23 of page 56 the following:
"April 15, 1988",
and inserting in lieu thereof the following:
"April 15".
By striking Section 4 on lines 15 and 16 of page 57 and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. This Act shall become effective on April 15, 1988, provided that the General Assembly has appropriated the necessary funds to implement the provisions of this Act during state fiscal year 1988-89. If the General Assembly has not appropriated the necessary funds to implement the provisions of this Act during state fiscal year 1988-89, this Act shall become effective April 15 immediately preceding the beginning of the state fiscal year for which such funds are appropriated."

The following amendment was read and adopted:

Representative Chambless of the 133rd moves to amend the Senate amendment to HB 924 by adding following the word "appropriated" on line 10 of page 2, line 12 of page 2, and line 17 of page 2 the following:
"or authorized".

Representative Chambless of the 133rd moved that the House agree to the Senate amendment to HB 924, as amended by the House.

FRIDAY, MARCH 4, 1988

2261

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

Y Aaron V 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
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 Y Colbert

Y 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
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
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

On the motion, the ayes were 154, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
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
Smith.W
Y Smyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens
Y Thomas.C 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 Watta
White Y Wilder Y Williams.B
Williams.J Y Wilson
Y Wood Y Workman
Y Yeargin Murphy.Spkr

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 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.

The following Senate amendment was read:

Amend HB 1554 by striking from line 25 of page 1 the following: "commencing July 1^ 1987,".

Representative Smyre of the 92nd moved that the House agree to the Senate amendment to HB 1554.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken

Y Alford Y Alien Y Athon Y Atkins

Y Bailey Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett.M YBeck Y Benefield

Benn Birdsong Y Bishop Y Bostick

2262

JOURNAL OF THE HOUSE,

Y Branch Brooks Brown
YBuck Y Buford
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 YCox
Y Crawford 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
Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Y Groover Y 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 Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D

Y Lane,R
Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long Lord 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 N Morton
Mostiler Y Moultrie Y Mueller
Oliver.C
Y Oliver.M Orrock
Y Padgett Y Pannell

On the motion, the ayes were 149, nays 1.

The motion prevailed.

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

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 Annotated, 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 Senate amendment was read:

Amend HB 1566 by striking line 34 on page 5 in its entirety and substituting in lieu thereof the following:
"are required to be registered as an investment adviser pursuant to the Investment Aa"d.visers Act of 1940, as amended, or rules, regulations, or interpretations thereunder:

Representative Workman of the 51st moved that the House agree to the Senate amendment to HB 1566.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams,G N Adams.M Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey

Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn
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
Clark,B Y Clark.H Y Clark,L Y Colbert

Y Coleman
Y Colwell Connell
Y Couch YCox
Y Crawford Y Crosby
Cummings,B Cummings.M

FRIDAY, MARCH 4, 1988

2263

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
YGreer 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 Linder 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 Mortpn
Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter
Powell

On the motion, the ayes were 150, nays 1. The motion prevailed.

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,?
Smith.T Y Smith.W
YSmyre YSnow Y Stancil Y Stanley

Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Tburmond 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

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 Annotated, 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 following Senate substitute was read:

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, 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; to provide for editorial revision; to provide the rate of interest to be charged on amount to be repaid to such fund by licensees; to provide for uses of such fund; to authorize the commission to exclude persons from certain proceedings; to provide for the review of records of investigations; to provide for cease and desist orders; to change the termination date of the Georgia Real Estate Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in lieu thereof a new Code Section 43-40-22 to read as follows:
"43-40-22. (a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. L. 1973, p. 100, shall be transferred to and utilized through the real estate education, research, and recovery fund.

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JOURNAL OF THE HOUSE,

(b) The commission shall maintain a minimum balance of $600,000.00 $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 $15,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition:
(1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $40,000.00 $45,000.00 on behalf of such licensee;
(2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and
(3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 $15,000.00 from the fund. (c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund. (d) (1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action.
(2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section.
(3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person:
(A) He is Is not a spouse or debtor or the personal representative of such
spouse;
(B) He has Has complied with all the requirements of this Code section; (C) He has Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the
application; and that, in such action, he the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors
as principals and all other necessary parties;
(D) He has Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real
property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such
of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judg-
ment after application thereon of the amount realized;

FRIDAY, MARCH 4, 1988

2265

(E) He has Has caused the judgment debtor to make discovery under oath concerning his the judgment debtor's property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act';
(F) He has Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;
(G) That Has discovered by such search he has discovered no personal or real property or other assets liable to be sold or applied or that he has discovered certain of them, describing them being described, owned by the judgment debtor and liable to be so applied have been discovered and that he the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and
(H) That Has applied the following items, if any, as recovered by him the aggrieved person, have been applied to the actual or compensatory damages awarded by the court:
(i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or
(iii) Any amount recovered in out-of-court settlements as to particular defendants.
(4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.
(5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court.
(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until he has repaid in full, plus interest at the judgment rate ef- 6 percent a yea* in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection.
(7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year.
(e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the 'Real Estate Education, Research, and Recovery Fund' and shall be held by the

2266

JOURNAL OF THE HOUSE,

commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this state, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund.
(f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and shall constitute a misdemeanor.
(g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant.
(h) When, upon the order of the court, the commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission attempting to collect assigned judgments shall be paid from the fund.
(i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section.
(j) The commission, in its discretion, may use any and all funds; in excess ef $600,000.00 required fey subsection {fe) ef this Code section, regardless ef whether such funds are from new licensee payments to the real estate education, research, and recovery fund or from accrued interest thereon, earned on the fund for the purpose of helping to underwrite the cost of developing courses, conducting seminars, conducting research projects on matters affecting real estate brokerage, publishing and distributing educational materials, or other education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the real estate education, research, and recovery fund to be reduced to an amount less than $600,000.00 $1 million.
(k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $600,000.00 $1 million is maintained in the real estate education, research, and recovery fund, may assess each licensee, only upon renewal of Iris the license, an amount not to exceed $30.00 per year."

Section 2. Said chapter is further amended by striking subsection (d) of Code Section 43-40-27, relating to the investigation of complaints, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by other states' real

FRIDAY, MARCH 4, 1988

2267

rftDlc rc^ulfltopy fluencies or tnosc st/flt/cs ot closco, invcstf* gative fites which ted te the filing ef- a notice of hearing fey the commission another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of all members of the commission, review by the respondent after the service of a notice of hearing, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-40-27, relating to the investigation of complaints, a new subsection (f) to read as follows:
"(f) The commission shall have the authority to exclude all persons during the commission's or the staff of the commission's:
(1) Deliberations on disciplinary proceedings; (2) Meetings with a licensee or an applicant or the legal counsel of that licensee or applicant in which the licensee or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) Review of the results of investigations initiated under this Code section."
Section 4. Said chapter is further amended by adding at the end of Code Section 43-40-30, relating to acting as a broker or associate broker without a license, new subsections (c), (d), (e), and (f) to read as follows:
"(c) Notwithstanding any other provisions of law to the contrary, after notice and hearing, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license.
(d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.
(e) Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission. . (f) Nothing in this Code section shall be construed to prohibit the commission from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
Section 5. Said chapter is further amended by striking Code Section 43-40-32, relating to the termination of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-32 to read as follows:
"43-40-32. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Commission shall be terminated on July 1, 1088 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 72nd moved that the House agree to the Senate substitute to HB 1451.
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

2268

JOURNAL OF THE HOUSE,

Y Benefield Benn
Y Btrdsong Y Bishop Y Bostick Y Branch Y Brooks
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 Y Coleman Y Colwell Y Connell
Couch YCox Y Crawford Y Crosby
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
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
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 Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orrock

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter
Powell
Y 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,?

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

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 authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution 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; 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 President of the Senate, the Speaker of the House of Representatives, and the Legislative Counsel. The commission is authorized to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution when two or more articles, sections, Paragraphs, or provisions have been given the same number or designation by the Constitution or by multiple

FRIDAY, MARCH 4, 1988

2269

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 following each general election, of any changes adopted by the commission. Any renumbering, redesignation, rearrangement, or correction adopted by the commission shall be incorporated 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 provision 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
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 Thomas of the 69th moved that the House agree to the Senate substitute to HR 16.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Brooks Brown Buck 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
Couch Y Cox
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 Y Foster Y Galer
Y Godbee Y Goodwin Y Green
Y Greene Y Greer
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 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 Y Linder YLong YLord
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

On the motion, the ayes were 146, nays 1.

Mostiler Y Moultrie Y Mueller
Oliver.C Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom YRay Y Reaves
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
Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walke:,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

2270

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 1657. By Representative Pettit of the 19th:
A bill to amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business 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 Senate amendment was read:
Amend HB 1657 by deleting on Page 2, lines 5 through 7 in their entirety.
Representative Pettit of the 19th moved that the House agree to the Senate amendment to HB 1657.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks 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 Y Colwell Y Connell
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 Y Foster Y Galer 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 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
McKinney
Y Meadows Milam
Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 148, nays 1. The motion prevailed.

Mostiler Y Moultrie Y Mueller
Oliver.C
Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T
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
Smyre 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
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
Yeargin Murphy.Spkr

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

FRIDAY, MARCH 4, 1988

2271

SB 100. By Senators Crumbley of the 17th, Starr of the 44th and Howard of the 42nd:
A bill to provide a pretrial review of proceedings by the Supreme Court in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that the judgments, rulings, and orders in pretrial proceedings of a case in which the death penalty is sought shall be directly appealable as part of the pretrial review.

The following Senate amendment was read:

Amend the House substitute to SB 100 by striking all matter on lines 1 through 5 of page 2 and inserting in place thereof the following:
In criminal cases involving a capital offense for which the death penalty is a hearing shall be held as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary."
By striking on lines 25 through 27 of page 3 the following:
"unless the procedure provided in this Code section is obviated by the trial judge pursuant to Code Section 17-10-35.2.",
and inserting in place thereof the following:
"upon a determination by the trial judge under Code Section 17-10-35.2 that such review is appropriate."
By striking all matter on lines 11 through 22 of page 6 and inserting in place thereof the following:
"17-10-35.2. Prior to the filing of a report by the trial judge under Code Section 17-10-35.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appellate review outweighs the need for such review. The court shall order such review and initiate the procedure contained in Code Section 17-10-35.1 unless the court concludes and enters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable."

Representative Dunn of the 73rd moved that the House agree to the Senate amendment to the House substitute to SB 100.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams G YAdamsM Y 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 Y Branch
Brooks Brown
Back

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

Y Coleman Y Colwell Y Connell
Couch Y Cox
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

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JOURNAL OF THE HOUSE,

YGreer Gresham
YGriffm
Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard YHensley
vS^V Y Holcomb Y Holmes Y Hooks Y Hudson Ylsakson YJackson,J YJackson.W YJamieson
Johnson.D YJohnson,R YKilgore Y Kingston Y Lane,D

Y Lane.R Y Langford YLawler
Y Lawrence YLawson Y Lee Y Linder Y Long Y Lord
Lucas
^UPtn Y Mangum Y Martin YMcCoy
McDonald Y McKelvey Y McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mud er
xj!ver'C <*TMM * ""ock X adge HTeU H"^ Y Parnsh
Ypftlrs * peters Y PetUt
Ph'Uips Pinkston Y Pittman X E01* Howf'', Y Prichard Y Ramey Y Ramsey.T Y Ramsey.V R^dall Y Ransom

Y Rav v RP.VP, v Reddine V Reddmg^
v Rirkption Y Robinson
Y Selman Y ShecTd Y Sherrod v Simoson
YsSTfieTd Sizemore
* SmUhL V Sm thP
SmthT Y Smith W
Smvre YIX v Stam-il > g 1"1
SteinbL Y Steohenf
Thomas C Thomas.t

On the motion, the ayes were 146, nays 0.

The motion prevailed.

Y Thomas.M Thompson
Y Thurmond
Y Townsend Y Trip.ett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
VWal. Ware
Y Watson Y Wa"8
White Y Wilder Y Williams.B
Williams,J Y Wilson y Wood Y Workman Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Dunn of the 73rd moved that the House adhere to its position in substituting SB 575 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 Snow of the 1st, Watson of the 114th and Dunn of the 73rd.

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

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.

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

FRIDAY, MARCH 4, 1988

2273

On the passage of the Bill, the ayes were 110, 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 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.

The following Senate amendment was read:
Amend HB 1849 by striking the word "five" where it appears in line 25 on page 2 and inserting in lieu thereof the word "seven".
By adding immediately following the word and period "Council." in line 30 on page 2 the following:
"One member shall be a citizen of Fulton County elected by majority vote of the members of the Georgia House of Representatives whose representative districts lie wholly or partially within Fulton County. One member shall be a citizen of Fulton County elected by a majority vote of the members of the Georgia Senate whose senatorial districts lie wholly or partially within Fulton County. The chairperson of the Fulton County delegation in the House of Representatives and the chairperson of the Fulton County Senate delegation shall each call a meeting of their respective delegations to elect such members."
By striking the word "three" where it appears in line 9 on page 3 and inserting in lieu thereof the word "five".

Representative Orrock of the 30th moved that the House agree to the Senate amendment to HB 1849.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

Mr. Speaker:

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

SB 7 Do Pass SB 15 Do Pass SB 87 Do Pass, by Substitute SB 128 Do Pass, by Substitute

SB 129 Do Pass, by Substitute SB 178 Do Pass SB 221 Do Pass

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

The Speaker announced the House in recess until 1:10 o'clock, this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

Representative Buford of the 103rd stated that he had been called home because of an emergency and requested that he be excused for the rest of the day.

The following Resolutions of the House were read and adopted:

HR 1028.

By Representatives White of the 132nd, Reaves of the 147th, Patten of the 149th, Hanner of the 131st, Long of the 142nd and others:
A resolution urging the United States Congress to extend unemployment insurance coverage to employees in the Federal-State Inspection Service.

HR 1029.

By Representatives Richardson of the 52nd, Workman of the 51st, Oliver of the 53rd, Aaron of the 56th, Lawrence of the 49th and others:
A resolution commending the DeKalb Teenage Pregnancy and Parenting Project (TAPP).

HR 1030. By Representative Lord of the 107th: A resolution proclaiming April 24-30, 1988, as Mining Awareness Week.

HR 1031. By Representatives Foster of the 6th and Griffin of the 6th: A resolution recognizing and commending Honorable Jim Young.

HR 1032. By Representatives Griffin of the 6th and Foster of the 6th: A resolution recognizing and commending Joe Don Griffith.

HR 1033. By Representatives Hasty of the 8th, Prichard of the 8th and Colwell of the 4th:
A resolution commending Drew Harbin.

HR 1034.

By Representatives Lawrence of the 49th, Green of the 106th, Wilder of the 21st, Bannister of the 62nd, Isakson of the 21st and others:
A resolution recognizing the Georgia Chapter of the National Neurofibromatosis Foundation.

HR 1035. By Representatives Carrell of the 65th and Harris of the 84th: A resolution commending Peggy T. Byrd.

HR 1036. By Representative Lord of the 107th: A resolution commending Mr. Barney Riner.

HR 1037.

By Representatives Clark of the 13th, Milford of the 13th and Yeargin of the 14th:
A resolution commending the Madison County High School Girls' Basketball team.

FRIDAY, MARCH 4, 1988

2275

HR 1038. By Representatives Foster of the 6th and Griffin of the 6th: A resolution recognizing and commending Mr. Paul Stephenson.

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

HR 1039. By Representative Martin of the 26th:
A resolution urging the Georgia Institute of Technology to expand the facilities for student parking.

HR 1040.

By Representatives Brooks of the 34th, Walker of the 85th, Stanley of the 33rd, Clark of the 55th, Redding of the 50th and others:
A resolution urging the United State Congress to pass legislation imposing economic sanctions against South Africa.

HR 1041.

By Representatives Snow of the 1st, McCoy of the 1st, Colwell of the 4th, Foster of the 6th, Peters of the 2nd and others:
A resolution urging the Department of Transportation to designate the Forest Hays, Jr., Memorial Highway.

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

HR 21. By Representative Alien of the 127th:

A RESOLUTION
Creating the House Lead Poisoning Prevention Study Committee; and for other purposes.
WHEREAS, the citizens of Georgia have a right to be protected from unnecessary and excessive exposure to lead in buildings and dwellings; and
WHEREAS, the detection and safe removal of lead-based painted surfaces is a growing problem in this state; and
WHEREAS, it is extremely necessary to the welfare and safety of the people of this state to regulate the removal of this toxic environmental hazard.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Lead Poisoning Prevention 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 conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds

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JOURNAL OF THE HOUSE,

necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee may make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1987, at which time the committee shall stand abolished.

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
Atkins Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Harriett,M YBeck Y Benefield Benn
Y Birdsong Bishop
Y Bostick Branch Brooks
Brown
Buck
Buford YByrd Y Carrell
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
Cummings,M Y Davis.G
Davis.M Dixon Y Dobbs Dover Y Dunn Edwards Felton Y Floyd Y Foster Galer YGodbee Y Goodwin Y Green 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
Hudson Y Isakson Y Jackson,J
Jackson.W Jamieson Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Lane,R Y Langford Lawler Y Lawrence Lawson Lee Y Linder
Long Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Y Meadows
Milam Y Milford Y Mobley
Moody Moore Y Morton

Y Mostiler Y Moultrie
Mueller 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 Pittman Porter Y Powell Y Prichard Rainey Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Selman
Y Shepard Sherrod
Y Simpson Sinkfield

Sizemore
Y Smith.L Smith.P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil
Stanley Steinberg Y 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 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 109, nays 0. The Resolution, having received the requisite constitutional majority, was adotped.

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

SB 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 documents; to provide definitions; to provide penalties.

The following Committee substitute was read and adopted:

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 knowingly

FRIDAY, MARCH 4, 1988

2277

manufacture, sell, or distribute false identification documents; to define a certain term; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding at the end thereof a new Code Section 16-9-4 to read as follows:
"16-9-4. (a) As used in this Code section, the term 'identification document' means any document issued by a government agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth, and includes without being limited to a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104.
(b) (1) It shall be unlawful for any person to knowingly manufacture, sell, or distribute a false identification document.
(2) Any person who violates paragraph (1) of this subsection on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of this subsection for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Atkins Bailey Balkcom Y Bannister Bargeron Y Barnett.B Barnett,M YBeck
Benefield Benn Y Birdsong Y Bishop Y Bostick Branch
Brooks Brown Buck 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 Colwell Y Connell Y Couch YCox Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.G
Davis.M Dixon Y Dobbs Y Dover YDunn Edwards Felton Y Floyd Y Foster Galer Godbee Y Goodwin Y Green Greene Y Greer Gresham Griffin Groover Y Hamilton
Y 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
Jamieson Johnson,D Y Johnson,R Y Kilgore Y Kingston Lane.D Y Lane.R Y Langford Lawler Y Lawrence Y Lawson Lee Y Linder Long
Lord Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley
Moody Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Pittman Porter Y Powell Y Prichard
Rainey Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Shepard 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
Thomas.C Thomas.M
Thompson 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 Williams.B Williams,J Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 111, nays 0.

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JOURNAL OF THE HOUSE,

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

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 Annotated, relating to emergency medical services, so as to provide for the certification 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 revocation.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for definitions; to provide for automatic defibrillator programs; to require that emergency medical technicians and designated first responders meet certain requirements in order to use automatic defibrillators and provide sanctions for violations of those requirements; to provide for conditions and limitations regarding such requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding after Code Section 31-11-53 a new Code section to read as follows:
"31-11-53.1. (a) As used in this Code section, the term: (1) 'Automatic defibrillator' means a defibrillator which: (A) Is capable of cardiac rhythm analysis; (B) Will charge and deliver a countershock after electrically detecting the presence of cardiac dysrhythmia; (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene; and (D) Is capable of producing a hard copy of the electrocardiogram. (2) 'Defibrillation' means to terminate atrial or ventricular fibrillation. (3) 'Designated first responded means an individual who has successfully com-
pleted an appropriate first responder course approved by the department and otherwise meets the eligibility requirements set forth in this chapter. (b) The department shall establish an automatic defibrillator program for use by emergency medical technicians and designated first responders. Such program shall be subject to the direct supervision of a medical advisor approved under Code Section 31-11-50. No emergency medical technician or designated first responder shall be authorized to use an automatic defibrillator to defibrillate a person unless that defibrillator is a properly maintained automatic defibrillator and that emergency medical technician or designated first responder:
(1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator;
(2) Successfully completes an automatic defibrillator training program established by the department;
(3) Is subject to protocols requiring that both the emergency physician which receives a patient defibrillated by that emergency medical technician or designated first responder and the medical advisor for the defibrillator program review the defibrillation of any person by that emergency medical technician or designated first

FRIDAY, MARCH 4, 1988

2279

responder and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and
(4) Obtains a passing score on an annual automatic defibrillator proficiency exam given in connection with that program. (c) Any emergency medical technician or designated first responder who violates the provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automatic defibrillator. Such a violation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical technician or designated first responder to perform emergency medical services to take disciplinary action against such person, including but not limited to suspension or revocation of that license or certificate. Such a violation shall also be grounds for the employer of such emergency medical technician or designated first responder to impose any sanction available thereto, including but not limited to dismissal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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 repeal the provisions relating to health insurance benefits for employees of such county boards or departments of health; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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, is amended by repealing subsection (d), which reads as follows:
"(d) Effective July 1, 1987, the employees of a county board and county department of health subject to the provisions of this Code section shall be eligible to and shall participate in the State Employees' Health Insurance Plan provided for by Article 1 of Chapter 18 of Title 45, and each such employee shall be an 'employee,' as defined by paragraph (2) of Code Section 45-18-1, for all purposes under said State Employees' Health Insurance Plan. Employee and employer contributions required for participation in the State Employees' Health Insurance Plan by such employees shall be based on state salaries paid to such employees or paid from state funds to the county for the purpose of paying the compensation of such employees, and salary supplements paid from

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JOURNAL OF THE HOUSE,

county funds, as authorized by subsection (e) of this Code section, shall not be considered in the determination of such employee and employer contributions. Employer contributions required for the participation of such employees in the State Employees' Health Insurance Plan shall be paid from state funds in the same manner and to the same extent as employer contributions are paid from state funds for participation in such plan by employees of other county boards and departments of health. Employee contributions for such participation shall be withheld and paid as provided by regulations adopted for such purpose by the State Personnel Board.", in its entirety and by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
Section 2. This Act shall become effective on April 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 mentally 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 conduct.

The following Senate substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to proceedings upon a plea of insanity or mental incompetency; to provide for a definition; to prohibit the death penalty and provide for sentencing a defendant to imprisonment for life in certain cases where the defendant is found guilty but mentally ill; to provide for applicability; to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing procedures 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new paragraph at the end of subsection (c) of Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency, to be designated paragraph (3), to read as follows:

FRIDAY, MARCH 4, 1988

2281

"(3) In the trial of any case which commences on or after the effective date of this paragraph in which the death penalty is sought, should the jury find in its verdict that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime, the death penalty shall not be imposed and the court shall sentence the defendant to life in prison."
Section 2. Said title is further amended by striking Article 3 of Chapter 10, 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 reasonable 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 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 provided 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 convicted 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 determined 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 challenge 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.

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(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 complained 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 challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application 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 custody 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 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.

FRIDAY, MARCH 4, 1988

2283

(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 evidence, the court shall enter an appropriate order with respect to any scheduled execution 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 notification 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 executed, 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.
17-10-70. (a) Appeals in cases 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 application 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 transcript 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 initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously 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 determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

2284

JOURNAL OF THE HOUSE,

Representative Thomas of the 69th moves to amend the Senate substitute to HB 878 by striking from lines 4 and 5 of page 1 the following:
"a definition", and inserting in lieu thereof the following:
"definitions". By striking from line 13 of page 1 the following: "person",
and inserting in lieu thereof the following: "persons".
By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following: "paragraph (3), to read as follows:
'(3) (A) As used in this paragraph, the term "mentally retarded" means having significantly sub-average general intellectual functioning resulting in or associated with impairments in adaptive behavior and manifested during the developmental period.
(B) In the trial of any case which commences on". By striking from line 1 of page 2 the following:
"mentally ill", and inserting in lieu thereof the following:
"mentally retarded".

Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 878, as amended by the House.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

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 Annotated, relating to certain unfair or deceptive practices in consumer transactions, 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.

The following Senate substitute was read:

A BILL
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, 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; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 4, 1988

2285

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 certain unfair or deceptive practices in consumer transactions, is amended by deleting "or" at the end of paragraph (19) of subsection (b), by striking the period at the end of paragraph (20) of subsection (b) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (20) of subsection (b), to be designated paragraph (21), to read as follows:
"(21) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that:
(A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or
(B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless:
(i) The item represented includes all transportation, meals, and lodging; or (ii) The representation specifically describes any transportation, meals, or lodging which are not included. The provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Kilgore of the 42nd and Porter of the 119th move to amend the Senate Committee on Industry and Labor substitute to HB 1370 by striking lines 15 through 17 of page 1 in their entirety and inserting in lieu thereof the following:
"subsection (b) and inserting in its place ';', and by adding two new paragraphs immediately following paragraph (20) of subsection (b), to be designated paragraphs (21) and (22), to read".
By striking the period and the quotation mark at the end of line 20 of page 2 and inserting between lines 20 and 21 of page 2 the following:

(22) Except as provided in paragraph (16) of this subsection, no participant shall be required to purchase any additional goods or services in order to qualify for the prize offered in the promotional giveaway or contest. Any promotion which requires a participant to purchase additional goods or services to claim a prize which is purported to have been awarded to such person shall be unlawful.'"
Representative Kilgore of the 42nd moved that the House agree to the Senate substitute to HB 1370, as amended by the House.
' On the motion, the ayes were 109, nays 0.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

2286

JOURNAL OF THE HOUSE,

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

Representative Thomas of the 69th moved that the House insist on its position in substituting SB 573.
The motion prevailed.

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

SB 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 prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties.

The following Committee substitute was read and adopted:

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 provide a definition and prohibit foreclosure fraud; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding at the end thereof a new Code section to read as follows:
"16-9-60. (a) For purposes of this Code section, the term 'foreclosure fraud' shall include any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property or such debtor's interest therein; or knowingly or willfully making fraudulent representation to a debtor about assisting the debtor in connection with said property.
(b) Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme shall be guilty of a felony.
(c) A person who violates subsection (a) of this Code section shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 0.

FRIDAY, MARCH 4, 1988

2287

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

SR 423. By Senators McGill of the 24th, Echols of the 6th, Gillis of the 20th and others:
A resolution regarding tobacco export to South Korea.

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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 930. By Representative Reaves of the 147th:
A resolution urging the Department of Human Resources to require a farm accident module as part of the training for emergency medical technicians in rural areas.

On the adoption of the Resolution, the ayes were 109, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tem assumed the Chair.

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

SB 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 provide 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.

The following amendment was read and lost:

Representative Lane of the 27th moves to amend SB 642 as follows: On Page 1, Line 25, change the ";" after the word "owner", and add the following: "or the taking of grocery carts off the premises of the owner.".

The following amendment was read:

Representative Workman of the 51st moves to amend SB 642 as follows: By striking Section 2 in its entirety, and renumbering Section 3 as Section 2.

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

2288

JOURNAL OF THE HOUSE,

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

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

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

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

On the adoption of the amendment, the ayes were 51, nays 87.

The amendment was lost.

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

Representative Lane of the 27th moved that the House reconsider its action in failing to pass the Lane amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G N Adams.M Y Aiken N Alford N Alien Y Athon Y Atkins Y Bailey
Balkcom N Bannister
Bargeron N Barnett.B N Barnett.M NBeck
Benefield Benn Y Birdsong N Bishop N Bostick N Branch Brooks N Brown Buck Buford YByrd Y Carrell Carter Chambless

N Chance Y Cheeks N Childers N Clark.B
Y Clark.H N Clark.L N Colbert
Coleman Y Colwell
Connell Y Couch NCox Y Crawford N Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover N Dunn
Edwards Y Felton Y Floyd N Foster N Galer Y Godbee N Goodwin

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

N Lawrence
Lawson Lee N Linder
YLong Lord Lucas
Y Lupton Y Mangum N Martin N McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam N Milford Y Mobley
N Moody N Moore Y Morton Y Mostiler
N Moultrie Y Mueller
Oliver.C N 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 N Powell N Prichard
N Rainey N Ramsey.T Y Ramsey.V N Randall
N Ransom
Ray Y Reaves
Redding N Richardson Y Ricketson N Robinson
Y Royal Selman
N Shepard N Sherrod Y Simpson N Sinkfield N Sizemore

FRIDAY, MARCH 4, 1988

2289

N Smith.L N Smith.P N Smith.T N Smith,W
NSmyre N Snow N Stancil

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

N Tolbert N Townsend N Triplett YTwiggs N Waddle
N Waldrep Walker.C

On the motion, the ayes were 49, nays 94. The motion was lost.

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

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

The following amendment was read and adopted:

Representatives Porter of the 119th and Moore of the 139th move to amend SB 642 as follows:
Omit "or possess" and insert "or take for use", on Page 1, Line 16, delete "or possess", Line 23.

The following amendment was read:

Representatives Porter of the 119th and Moore of the 139th move to amend SB 642 as follows:
Add period after "misdemeanor" and delete the rest of that sentence.

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
Y Alford N Alien
Y Athon Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B Y Harriett,M NBeck
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Brooks Y Brown Buck Buford YByrd Y Carrell Carter
Chambless Y Chance
Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert

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

N Holmes 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
N Long
Lord
Lucas Y Lupton Y Mangum
Martin
YMcCoy McDonald
N McKelvey Y McKinney
Meadows Milam N Milford Y Mobley Y Moody Y Moore Y Morton

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

On the adoption of the amendment, the ayes were 125, nays 21.

Y Sizemore Y Smith,L
Y Smith,P Y Smith.T Y Smith,W
YSmyre
YSnow Y Stancil Y Stanley N Steinberg Y Stephens
Thomas.C N 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 N Watson
Watts Y White Y Wilder
Y Williams,B Williams,.!
Y Wilson Y Wood Y Workman
Y Yeargin Murphy.Spkr

2290

JOURNAL OF THE HOUSE,

The amendment was adopted.

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

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

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

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

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

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

On the passage of the Bill, as amended, the ayes were 71, nays 84.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative McKinney of the 35th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 642, as amended.

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

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

Benn N Birdsong N Bishop N Bostick
Y Branch Brooks
N Brown Buck Buford
YByrd N Carrell
Carter Chambless Y Chance Y Cheeks N Childers

Y Clark,B
N Clark.H N Clark.L
Y Colbert Coleman
Colwell Connell
Y Couch NCox Y Crawford
N Crosby Cummings.B Cummings.M
N Davis.G N Davis,M
Dixon

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

N Hamilton Y Hanner
Y Harris Y Hasty N Heard
N Hensley N Herbert N Holcomb N Holmes N Hooks
N Hudson Y Isakson Y Jackson,J N Jackson.W
Y Jamieson Johnson,D

FRIDAY, MARCH 4, 1988

NJohnson,R NKilgore
Kingston YLane,D NLane,R NLangford NLawler N Lawrence YLawson
Lee NLinder NLong
Lord Lucas NLupton Mangum Martin NMcCoy McDonald N McKelvey

Y McKinney N Meadows
Milam N Milford N Mobley Y Moody Y Moors Y Morton N Mostiler NMoultrie Y Mueller
Oliver.C N Oliver M NOrrock NPadgett
Pannell Y Parham YParrish N Patten
N Peters

Pott;* NPhil ps N Pink ton v P?l N PPoorSter
N Sard N RafneT NR^JvT N Ram y V NRirZll N Ransom ^ Ray
YR^HdL N Richtdson Y Rkketeon v Bnh * n N Roval

On the motion, the ayes were 45, nays 99.

v* aonueparaj N Sherrod N Simpson N Sinkfield N Sizemore N Smith.L N Smith.P Y Smith.T N Smith.W N Smyre N Snow N Stancil
Y Steinberg Y Stephens N Thomas.C N Thomas.M N Thompson
Thurmond Y Tolbert

The motion was lost.

2291
N Townsend
N w,r
Wagon
' Json ^ Wood Y Workman ^eargm Murphy,Spkr

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

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 following Senate substitute was read:

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 long-term care insurance policies; to provide a statement of legislative purpose; to provide for applicability; to provide a short title; to define certain terms; to provide for standards and required provisions of long-term care insurance policies; to provide for the right to return such policies under certain conditions; to provide for the adoption of rules and regulations; 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 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," is amended by adding immediately following Chapter 40 a new chapter, to be designated Chapter 41, to read as follows:
"CHAPTER 41
33-41-1. The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance as defined from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.
33-41-2. The requirements of this chapter shall apply to policies issued, delivered, or issued for delivery in this state on or after July 1, 1988. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable provisions of this title insofar as they do not conflict with this

2292

JOURNAL OF THE HOUSE,

chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance. A policy which is not advertised, marketed, or offered as long-term care insurance need not meet the requirements of this chapter.
33-41-3. This chapter may be known and cited as the 'Long-term Care Insurance Act.'
33-41-4. As used in this chapter, the term: (1) 'Applicant' means: (A) In the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits; and (B) In the case of a group long-term care insurance policy, the proposed certificate holder. (2) 'Certificate' means any certificate issued under a group long-term care insur-
ance policy, which policy has been delivered or issued for delivery in this state. (3) 'Commissioner' means the Commissioner of Insurance of this state. (4) 'Group long-term care insurance' means a long-term care insurance policy
which is issued, delivered, or issued for delivery in this state and issued to: (A) Any eligible group as defined in Code Section 33-30-1; or (B) A group other than as described in Code Section 33-30-1, subject to a find-
ing by the Commissioner that: (i) The issuance of the group policy is not contrary to the best interest of the
public;
(ii) The issuance of the group policy would result in economies of acquisition or administration; and
(iii) The benefits are reasonable in relation to the premiums charged.
(5) 'Long-term care insurance' means any accident and sickness insurance policy or rider advertised, marketed, offered, or designed primarily to provide coverage for not less than 24 consecutive benefit months or which provides coverage for recurring confinements separated by a period not to exceed six months with a minimum aggregate period of two years for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. Such term includes group and individual accident and sickness policies or riders whether issued by insurers, fraternal benefit societies, nonprofit hospital service corporations, nonprofit medical service corporations, health care plans, health maintenance organizations, or any other similar organizations. Long-term care insurance shall not include any accident and sickness insurance policy which is offered primarily to provide basic medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection coverage, catastrophic coverage, comprehensive coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage.
(6) 'Policy' means any accident and sickness policy, contract, or subscriber agreement or any rider or endorsement attached thereto, issued, delivered, issued for delivery, or renewed in this state by an insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care plan, health maintenance organization, or any other similar organization.
33-41-5. No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subparagraph (B) of paragraph (4) of Code Section 33-41-4, unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.
33-41-6. (a) The Commissioner may adopt regulations that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies and for any applicable terms of

FRIDAY, MARCH 4, 1988

2293

renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definition of terms.
(b) No long-term care insurance policy may: (1) Be canceled, nonrenewed, or otherwise terminated on the grounds of the age
or the deterioration of the mental or physical health of the insured individual or certificate holder;
(2) Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new policy or other form of policy within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or
(3) Provide coverage for skilled nursing care only or provide coverage for other levels of care which is unreasonably lower than the coverage provided for skilled nursing care in a facility.
(c) (1) No long-term care insurance policy or certificate shall use a definition of 'preexisting condition' which is more restrictive than the following: Preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to seek diagnosis, care, or treatment, or a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person.
(2) No long-term care insurance policy may exclude coverage for a loss or confinement which is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage of an insured person.
(3) The Commissioner may extend the limitation periods set forth in paragraphs (1) and (2) of this subsection as to specific age group categories or specific policy forms upon findings that the extension is in the best interest of the public.
(4) The definition of 'preexisting condition' shall not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and, on the basis of the answers on that application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period provided in paragraph (2) of this subsection expires. No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in paragraph (2) of this subsection.
(d) No long-term care insurance policy which provides benefits only following institutionalization shall condition such benefits upon admission to a facility for the same or related condition within a period of less than 30 days after discharge from the institution.
(e) The Commissioner may adopt regulations establishing loss ratio standards for long-term care insurance policies, provided that a specific reference to long-term care insurance policies is contained in the regulation.
(f) Individual long-term care insurance policyholders shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Individual long-term care insurance policies shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the policyholder shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Long-term care insurance policies or certificates issued pursuant to a direct response solicitation shall have a notice prominently printed on the first page or attached thereto stating in substance that the insured person shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy of certificate, the insured person is not satisfied for any reason.

2294

JOURNAL OF THE HOUSE,

(g) An outline of coverage shall be delivered to an applicant for an individual longterm care insurance policy at the time of application for an individual policy. In the case of direct response solicitations, the insurer shall deliver the outline of coverage upon the applicant's request, but regardless of request shall make such delivery no later than at the time of policy delivery. Such outline of coverage shall comply with the applicable provisions of Code Section 33-29-13.
(h) A certificate issued pursuant to a group long-term care insurance policy, which policy is issued, delivered, issued for delivery, or renewed in this state, shall include:
(1) A description of the principal benefits and coverage provided in the policy; (2) A statement of the principal exclusions, reductions, and limitations contained in the policy; (3) A statement that the group master policy determines governing contractual provisions; and (4) Such other provisions as the Commissioner may reasonably require. (i) No policy may be advertised, marketed, or offered as long-term care insurance unless it complies with the provisions of this chapter. 33-41-7. Regulations adopted pursuant to this chapter shall be in accordance with the provisions of Chapter 2 of this title."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Ware of the 77th moved that the House agree to the Senate substitute to HB 1748.
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 Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
Brooks
Y Brown
Buck
Buford YByrd Y Carrell
Y Carter Chambless Chance Cheeks
Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert

Coleman Y Colwell
Connetl Y Couch YCox Y Crawford
Y Crosby Cummings,B Cummings,M Davis.G
Y Davis.M Dixon
Y Dobbs Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster
YGaler Godbee Goodwin
Y Green Y Greene
Y Greer 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
Jamieson Johnson,D Y Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong
Lord Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey McKinney Meadows Milam Milford
Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 115, nays 1. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Oliver.C
Y Oliver.M Orrock
Y Padgett Pannell Parham Parrish Patten
Y Peters Pettit
Y Phillips Y Pinkston
Y Pittman 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 N Shepard Y Sherrod Y Simpson
Sinkfield

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

FRIDAY, MARCH 4, 1988

2295

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 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 Annotated, relating to requirements for issuance of motor vehicle liability insurance 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that the requirement for giving notice of a claim may be satisfied under certain conditions by a third party injured in an accident involving the insured and having a claim against the insured; to provide the method of notice; to provide for compliance and construction of policy; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Each policy of motor vehicle liability insurance issued in this state on or after July 1, 1990, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 45 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by registered mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after July 1, 1988, shall be deemed to include and construed as including the provision regarding the notice requirements provided in this subsection until such time as the provision is approved by the Commissioner of Insurance in conjunction with the approval of a new policy form of the insurer and is actually stated in the policy."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Y Adams.M 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
Brooks Y Brown
Buck

Buford Byrd
Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark.B
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 Y Davis.G Y Davis.M
Dixon

Y Dobbs Y Dover
Y Dunn Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee
Goodwin Y Green Y Greene

2296

JOURNAL OF THE HOUSE,

Y Greer Gresham
Y Griffin Y Groover Y Hamilton
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
Johnson,D Y Johnson,R
Kilgore
N 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
Milam Y Milford Y Mobley
Moody Moore Y Morton

Y Mostiler Y Moultrie
Mueller Oliver.C Oliver.M Y Orrock Y Padgett Y Pannell Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom

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
Smith.T Y Smith, W
Smyre 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
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y 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 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Elections.

The following Senate substitute was read:

A BILL
To provide for a Gwinnett County Board of Registrations and Elections; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide definitions; to provide for 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. There is created in Gwinnett County a board of registrations and elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such county in accordance with the provisions of this Act. Such board shall be known as the Gwinnett County Board of Registrations and Elections.
Section 2. Such board shall be composed of five members, each of whom shall be an elector and a resident of the county, and who shall be selected in the following manner:
(1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly, and two

FRIDAY, MARCH 4, 1988

2297

members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 60 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds' majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office then such members shall be appointed in accordance with Section 5 of this Act; and
(2) The fifth member of the board shall be appointed by a majority vote of the county governing authority. Said fifth member shall be appointed within 30 days of the time at which the party appointed members are to take office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under this paragraph shall also be entered upon the minutes of the governing authority of the county. The appointment of the member at large shall not be governed by Section 5 of this Act.
Section 3. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for an elective office. The elections supervisor shall not be eligible to serve as a member of the board.
Section 4. (a) The appointment of each member shall be made by the respective appointing authority filing an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act.
(b) The appointment of the fifth member of the board, known as the member at large, shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court no later than 15 days preceding the date at which such member is to take office, stating the name and residence address of the person appointed and certifying that such member has been duly appointed as provided in this Act.
(c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars.
Section 5. In the event any appointing authority fails (1) to make a regular appointment or election within the times specified in Section 2 or Section 4 of this Act, or (2) to make an interim appointment to fill a vacancy within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of the county.
Section 6. Each member of the board shall: (1) Serve for a term of two years and until a successor is appointed or elected and
qualified, except in the event of resignation or removal as hereinafter provided; (2) Be eligible to succeed such member and shall have the right to resign at any
time by giving written notice of such resignation to the respective appointing authority and to the clerk of the superior court; and
(3) Shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars.

2298

JOURNAL OF THE HOUSE,

Section 7. In the event a vacancy occurs in the office of any member before the expiration of a term, by removal, death, resignation, or otherwise, the respective authority shall appoint a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 8. (a) The first members of the board under this Act shall be appointed as provided in this Act to take office on January 1, 1989. The board shall take no official action until all members have been certified to the clerk of the superior court.
(b) Before entering upon the duties of office, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 9. (a) The Gwinnett County Board of Registrations and Elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The board is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board.
Section 11. (a) Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the county governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law.
(b) The board shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 12. With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion, or request for support, with respect to any political issue or matter of political concern.
Section 13. (a) The board shall be authorized and empowered to organize itself, elect its officers from within its own members, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law.
(b) Action and decision by the board shall be by a majority of the members of the board.
Section 14. (a) The board shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse or at the place of meeting of the county governing authority. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public.
(b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.

FRIDAY, MARCH 4, 1988

2299

Section 15. The governing authority of the county shall be responsible for selecting and appointing an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors for the county. Compensation for the elections supervisor shall be determined and paid by the governing authority wholly from county funds. The elections supervisor shall serve at the pleasure of the governing authority.
Section 16. The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees as the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under the merit system wholly from county funds.
Section 17. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practicable, from lists provided by the county executive committees of the two major political parties appointing members to the board.
Section 18. Compensation for board members shall be set by the county governing authority and shall be paid by the governing authority wholly from county funds.
Section 19. The words "election," "elector," "political party," "primary," and "public office" shall have the same meaning as ascribed to those words by Title 21 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
Section 20. The provisions of this Act which are necessary for the appointment of the members of the Gwinnett County Board of Registrations and Elections who will take office January 1, 1989, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without such approval and the remaining provisions of this Act shall become effective for all purposes on January 1, 1989.
Section 21. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 59th moved that the House agree to the Senate substitute to HB 995.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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 following Senate substitute was read:

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), approved April 13, 1973 (Ga. L. 1973, p. 2658), as amended by an Act

2300

JOURNAL OF THE HOUSE,

approved April 12, 1982 (Ga. L. 1982, p. 4305), and by an Act approved April 14, 1982 (Ga. L. 1982, p. 5040); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for 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), approved April 13, 1973 (Ga. L. 1973, p. 2658), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4305), and by an Act approved April 14, 1982 (Ga. L. 1982, p. 5040), is repealed in its entirety.
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.

Representative Barnett of the 59th moved that the House agree to the Senate substitute to HB 1102.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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

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 performed on such minor.

Representative Lee of the 72nd moved that further consideration of SB 621 be postponed until Monday morning immediately following the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

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

Brooks
Brown Buck Buford Y Bvr(i
Y Carrell Y Carter
Chambless Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Crawford

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

Y Groove11
Y Hamilton Y Hanner 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 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 Lucas
Y Lupton Y Mangum Y Martin Y McCoy N McDonald Y McKelvey
McKinney Meadows Y Milam Milford Y Mobley

FRIDAY, MARCH 4, 1988

2301

Y Moody Y Moore N Morton
Mostiler Y Moultrie N Mueller
Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters

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

On the motion, the ayes were 131, nays 7. The motion prevailed.

Y Snow Y Stancil Y Stanley Y Steinberg
Stephens Y 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
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

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 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, 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.

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

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, 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.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend SB 408 by striking from line 25 of page 1 the following:
"12",
and inserting in its place the following: "24".

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:

2302

JOURNAL OF THE HOUSE,

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
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown Buck
Buford YByrd
Y Carrell Y Carter
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
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
Foster Galer Y Godbee Y Goodwin Green Y Greene Y Greer 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 N 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 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 Y Pettit Y Phillips
Pinks ton Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall
Ransom Ray 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 Steinberg
Y Stephens Thomas.C Thomas.M
Y Thompson Thurmond
Y Tolbert Y Townsend Y Triplet!
Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker,L
N Wall Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
Williams.J
Y Wilson Y Wood Y Workman
Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 134, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.

The following Committee substitute was read:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to eliminate the requirement that a person be in actual possession of certain controlled substances to be guilty of certain offenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking in its entirety Code Section 16-13-31, relating to penalties for trafficking in certain controlled substances and marijuana, and inserting in its place a new Code Section 16-13-31 to read as follows:

FRIDAY, MARCH 4, 1988

2303

"16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
(b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has actual possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has actual possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 100 pounds, but less than
2,000 pounds, the person shall be sentenced to a mandatory minimum term of
imprisonment of five years and shall pay a fine of $25,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than
10,000 pounds, the person shall be sentenced to a mandatory minimum term of
imprisonment of seven years and shall pay a fine of $50,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and
shall pay a fine of $200,000.00. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state
200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits
the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be
punished as follows:

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JOURNAL OF THE HOUSE,

(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (f) Any person who violates any provision of this Code section^ in regard to trafficking in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Parham of the 105th and Parrish of the 109th move to amend the Committee substitute to SB 109 by adding on line 3 of page 1 after the following:
"substances,", the following:
"so as to change the listings of controlled substances and dangerous drugs; to provide effective dates;".
By adding on line 10 of page 1 after the following: "amended by", the following: "adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following new subparagraphs: ' (FF) 2,5-Dimethoxy-4-Ethylamphetamine; (GG) Cathinone; (HH) MPPP (l-Methyl-4-Phenyl-4 Propionoxypiperidine); (II) PEPAP; (JJ) Alpha-Methylthiofentanyl; (KK) Acetyl-Alpha-Methylfentanyl; (LL) 3-Methylthiofentanyl; (MM) Beta-Hydroxyfentanyl;

FRIDAY, MARCH 4, 1988

2305

(NN) Thiofentanyl;
(00) 3,4-Methylenedioxy-N-Ethylamphetamine;
(PP) 4-Methylaminorex;
(QQ) N-Hydroxy-3,4-Methylenedioxyamphetamine;
(RR) Beta-Hydroxy-3-Methylfentanyl;'
Section 2. Said chapter is further amended by striking subparagraph (D) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in its place a new subparagraph to read as follows:
'(D) Cocaine, Coca coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;'.
Section 3. Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-26, relating to Schedule II controlled substances, the following new subparagraphs:
'(E) Carfentanil;
(F) Nabilone;
(G) Dimethylamphetamine;'
Section 4. Said chapter is further amended by adding at the end of paragraph (2) of Code Section 16-13-27, relating to Schedule III controlled substances, a new subparagraph to read as follows:
'(L) Tiletamine/Zolozepam (Telazol);'
Section 5. Said chapter is further amended by adding in the appropriate paragraph positions of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, new paragraphs to read as follows:
'(2.3) Cathine;
(13.2) Fencamfamin;
(14.2) Fenproporex;
(19.2) Mefenorex;'
Section 6. Said chapter is further amended by striking the period at the end of paragraph (2) of Code Section 16-13-29, relating to Schedule V controlled substances, and inserting in its place a semicolon and adding immediately thereafter new paragraphs to read as follows:
'(3) Propylhexedrine; or
(4) Pyrovalerone;'
Section 7. Said chapter is further amended by striking paragraph (629.1) of subsection (b) of Code Section 16-13-71, relating to dangerous drug definitions, which reads as follows:
'(629.1) Nabilone;'
Section 8. Said chapter is further amended by".
By adding between lines 13 and 14 of page 5 the following:

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JOURNAL OF THE HOUSE,

"Section 9. Section 8 of this Act shall become effective July 1, 1988, and the remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval."
By striking on line 14 of page 5 the following:
"Section 2",
and inserting in its place the following:
"Section 10".

The Committee substitute, as amended, was adopted.

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

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown Buck 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 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
Galer
Y Godbee Y Goodwin
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 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 YLee
Y Under YLong
Lord
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

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 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 Y Sinkfield

Y Sizemore Y Smith.L
Smith.P Smith.T
Y Smith.W Smyre
YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend
Y Triplett Twiggs
Y Waddle Y Waldrep
Walker.C 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, as amended, the ayes were 144, nays 0.

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

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 definitions; 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 Environmental Protection Division as to solid waste generally.

FRIDAY, MARCH 4, 1988

2307

The following amendment was read and adopted:

The Committee on Natural Resources moves to amend SB 667 by inserting on page 4, line 8, after the word "waste", the words and materials destined for recycling.

An amendment, offered by Representative Lane of the 27th, was read and withdrawn.

The following amendment was read and lost:

Representatives Griffin of the 6th and Foster of the 6th move to amend SB 667 as follows:
By striking Lines 18 and 19, Page 15 and inserting "shall be subject to the usual appropriation process for the following purposes:".

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

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

Y 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 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
Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard
Y Hensley Y Herbert
Holcomb

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

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

On the passage of the Bill, as amended, the ayes were 124, 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:

2308

JOURNAL OF THE HOUSE,

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

HB 376. By Representative Richardson of the 52nd:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, regarding general provisions relating to retirement and pensions, so as to require that spouses who are designated as beneficiaries of certain publicly funded retirement, pension, and life insurance benefits be notified prior to changes in such designation.

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 352 Do Pass, by Substitute SB 638 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

The Speaker assumed the Chair.

Representative Herbert of the 76th arose to a point of personal privilege and addressed the House.

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

SB 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.

The following Committee substitute was read and withdrawn:

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.

FRIDAY, MARCH 4, 1988

2309

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 a 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 chapter^ 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 general 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.
(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 reti.red mem"ber of the Georgia National '
_ to Jio more than one such plate at a time. The license plates issued pursuant 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 transfer 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 commissioner 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.

2310

JOURNAL OF THE HOUSE,

(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 current 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.

The following substitute, offered by Representative Edwards of the 112th, was read:

A BILL
To amend 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 established place of business or at a temporary site; to provide procedures for and exceptions to the foregoing; to provide for civil and criminal penalties; to authorize a distinctive license plate for retired members of the Georgia National Guard; to provide for matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding between Code Section 40-2-36 and Code Section 40-2-37 a new Code Section 40-2-36.1 to read as follows:
"40-2-36.1. (a) As used in this Code section, the term: (1) 'Dealer' means any person engaged in the business of selling or offering to sell
new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles.
(2) 'Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers.
(3) 'Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling of new motor vehicles is carried on in good faith.
(4) 'Manufacturer' means any person who makes or assembles new motor vehicles. (5) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (6) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued.

FRIDAY, MARCH 4, 1988

2311

(7) 'Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity.
(8) 'Temporary site' means a location at which new motor vehicles are sold or offered for sale which location is:
(A) Used for a period not to exceed 72 hours in any one-month period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county in which the established place of business of the new motor vehicle dealer using the temporary site is located or in a county contiguous to such county. (9) 'Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b) (1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealer's number license plate under Code Section 40-2-36 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealer's number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business or at a temporary site. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-36 or at a temporary site. (3) This subsection shall not be construed to prohibit new motor vehicle trade shows. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
Section 2. Said chapter is further amended by striking Code Section 40-2-65, relating to Georgia National Guard license plates, and inserting in lieu thereof a 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

2312

JOURNAL OF THE HOUSE,

Article 2 of this chapter 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 general 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.
(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 pursuant 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 transfer 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 commissioner 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 commissioner 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

FRIDAY, MARCH 4, 1988

2313

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 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 following amendment was read and adopted:

Representatives Jackson of the 9th, Edwards of the 112th and Lee of the 72nd move to amend the Floor substitute to SB 458 as follows:
On Page 3, Line 4, change the figure "72" to "96",
Add on Page 3, change Section C so as to read
"Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located."

The Floor substitute, as amended, was adopted.

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

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

Y Mostiler Y Moultrie
Mueller Oliver.C Oliver.M Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Peters Pettit
Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard N 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
Smyre Y Snow Y Stancil Y Stanley N Steinberg N 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
Watson
Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Wilson
Wood Y Workman Y Yeargin
Murphy ,Spkr

2314

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

By unanimous consent, further consideration to SB 124 was postponed until March 7, 1988, immediately following the period of unanimous consents.

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

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 Annotated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to provide 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 Senate substitute was read:

A BILL
To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the definition of a term; to provide for exceptions; to change the provisions relating to buildings and structures which are unfit for human habitation or which are health hazards so as to provide that said provisions shall apply to counties and that the powers granted by said provisions may be exercised by county governing authorities in the unincorporated areas of counties in the same manner that such powers are exercised in municipalities by municipal governing authorities; to provide for definitions; 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 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, is amended by striking Code Section 41-2-5, relating to the authorization and procedures for the abatement of nuisances in cities, in its entirety and substituting in lieu thereof a new Code Section 41-2-5 to read as follows:
"41-2-5. If the existence of a nuisance is complained of in a county or city of this state, the municipal court of such the city2 if the nuisance complained of is in the city, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement."

FRIDAY, MARCH 4, 1988

2315

Section 2. Said chapter is further amended by striking Code Sections 41-2-7 through 41-2-12 and Code Sections 41-2-15 and 41-2-16, which Code sections relate to the authority of municipalities to repair, close, or demolish buildings or structures which are unfit for human habitation or which are health hazards and which grant powers in connection therewith, in their entirety and substituting in lieu thereof, respectively, new Code Sections 41-2-7 through 41-2-12 and Code Sections 41-2-15 and 41-2-16 to read as follows:
"41-2-7. (a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and are inimical to the welfare and are dangerous and injurious to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. It is found and declared that in the counties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and defects increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light, or sanitary facilities; or other conditions rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of such county or municipality, power is conferred upon such county or municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17.
(b) All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17 including method and procedure may also be applied to private property where an accumulation of weeds, trash, junk, filth, and other unsanitary or unsafe conditions shall create a public health hazard or a general nuisance to those persons residing in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 41-2-17.
(c) The exercise of the powers conferred upon counties in this Code section and in Code Sections 41-2-8 through 41-2-17 shall be limited to properties located in the unincorporated areas of such counties.
41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the term:
(1) 'Closing' means securing and causing a dwelling, building, or structure to be vacated.
(2) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation, commercial, industrial, or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Sections 41-2-7 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.
(3) 'Governing body' means the board of commissioners or sole commissioner of a county, or the council, board of commissioners, board of aldermen, or other legislative
body charged with governing a municipality.
(4) 'Municipality' means any incorporated city within this state.
(5) 'Owner' means the holder of the title in fee simple and every mortgagee of record.

2316

JOURNAL OF THE HOUSE,

(6) 'Parties in interest' means persons in possession of said property and all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardians, and trustees.
(7) 'Public authority' means any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality.
(8) 'Public officer' means the officer or officers who are authorized by Code Sections 41-2-7 through 41-2-17 and by ordinances adopted under Code Sections 41-2-7 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers.
(9) 'Repair' means closing a dwelling, building, or structure or the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure.
41-2-9. (a) As used in this Code section, the term 'resident' means any person residing in the affected jurisdiction on or before the date on which the alleged nuisance arose.
(b) Upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation, commercial, industrial, or business uses. Such ordinances shall include the following provisions:
(1) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances;
(2) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, or structure is unfit for human habitation or for commercial, industrial, or business use or whenever it appears to the public officer (on his own motion) that any dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county in which the property is located
therein, fixed not less than ten days nor more than 30 days after the serving of said complaint; that the owner and any parties in interest shall be given the right to file
an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before the public officer; (3) That if, after such notice and hearing, the public officer determines that the
dwelling, building, or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial, or business use, he shall state in writing
his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling,
building, or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or struc-
ture so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation; or
(B) If the repair, alteration, or improvement of the said dwelling, building, or
structure cannot be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure.

FRIDAY, MARCH 4, 1988

2317

In no event shall the governing authority of any such county or municipality require removal or demolition of any dwelling, building, or structure except upon a finding that the cost of repair, alteration, or improvement thereof exceeds one-half the value such dwelling, building, or structure will have when repaired to satisfy the minimum requirements of this law;
(4) That, if the owner or parties in interest fail to comply with an order to vacate and close or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished; and that the public officer may cause to be posted on the main entrance of any building, dwelling, or structure so closed a placard with the following words:
'This building is unfit for human habitation or commercial, industrial, or business use; the use or occupation of this building for human habitation or for commercial, industrial, or business use is prohibited and unlawful.';
(5) That, if the owner fails to comply with any order to remove or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that the duties of the
public officer, set forth in paragraph (4) of this Code section and this paragraph, shall not be exercised until the governing body shall have by ordinance ordered the publre officer to proceed to effectuate the purpose of Code Sections 41-2-7 through 41-2-17
with respect to the particular property or properties which the public officer shall
have found to be unfit for human habitation or unfit for its current commercial, industrial, or business use, which property or properties shall be described in the ordinance;
(6) That the amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such
cost was incurred. Said lien shall attach to the real property upon the payment of all costs of demolition by the county or municipality and the filing of an itemized state-
ment of the total sum of said costs by the public officer in the office of the clerk of the governing body of the county or municipality on a lien docket maintained by said
clerk for such purposes. If the dwelling, building, or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings, or
structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by
the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by
final order or decree of such court. Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and
declare nuisances and to cause their removal or abatement by summary proceedings or otherwise;
(7) Municipal Counties and municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings, or
structures only in the following manner:
(A) The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the county or municipal corporation, within 30 days after the perfection of said lien, a sum of money equal to 25 percent of the total amount
due and by further paying to said county or municipal corporation the remaining balance due on such lien, together with interest at the rate of 7 percent per annum,
in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed;
(B) Should the property upon which such lien is perfected be sold, transferred, or conveyed by the owner or parties at interest at any time prior to the termination of the said three-year period, then the entire balance due on such lien shall be due
and payable to the county or municipal corporation; and (C) Should the amount due on such lien, or any portion thereof, be unpaid after
the passage of said three-year period, or upon the occurrence of the contingency provided for in subparagraph (B) of this paragraph, the county or municipal corporation may enforce the collection of any amount due on such lien for alteration,

2318

JOURNAL OF THE HOUSE,

repair, removal, or demolition of dwellings, buildings, or structures in the same manner as provided in Code Section 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title, or interest in or lien upon said property, all as provided by Article 3 of Chapter 4 of Title 48. 41-2-10. An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality; such conditions may include the following (without limiting the generality of the foregoing): (1) Defects therein increasing the hazards of fire, accidents, or other calamities;
(2) Lack of adequate ventilation, light, or sanitary facilities; (3) Dilapidation;
(4) Disrepair; (5) Structural defects; and
(6) Uncleanliness. Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use.
41-2-11. An ordinance adopted by the governing body of the county or municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections 41-2-7 through 41-2-17, including the following powers in addition to others herein granted:
(1) To investigate the dwelling conditions in the unincorporated area of the county or in the municipality in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use;
(2) To administer oaths and affirmations, to examine witnesses, and to receive evidence;
(3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and
(5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate. 41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-17 shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon each person in possession of said property, each owner, and each party in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owner, and party in interest.
(b) If any of the owners and parties in interest shall reside out of the county or municipality, service shall be perfected by causing a copy of such complaint or orders
to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen, that such
party or parties were served either personally or by leaving a copy of the complaint or
orders at the residence, shall be conclusive as to such service.

FRIDAY, MARCH 4, 1988

2319

(c) Nonresidents of this state shall be served by publishing the same once each week for two successive weeks in a newspaper printed and published in the county or municipality or, in the absence of such newspaper in the county or municipality, in one printed and published m outside the county or municipality and circulated in the county or municipality in which the dwellings, buildings, or structures are located. A copy of such complaint or orders shall be posted in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail.
(d) In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the county or municipality or is a nonresident, he shall be served as provided for in subsection (c) of this Code section or (d) this subsection in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives outside the county or municipality or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the county or municipality or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.
(e) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (c) of this Code section or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.
(f) A copy of such complaint or orders shall also be filed in the proper office or offices for the filing of Us pendens notice in the county in which the dwelling, building, or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Any such complaint or orders or an appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the clerk of the governing body of the county or municipality."
"41-2-15. Any county or municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted hereunder.
41-2-16. Nothing in Code Sections 41-2-7 through 41-2-17 shall be construed to abrogate or impair the powers of the courts or of any department of any county or municipality to enforce any provisions of its local enabling Act, its charter or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House agree to the Senate substitute to HB 1650.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken

Y Alford Y Alien
Y Athon Y Atkins

Y Bailey Y Balkcom
Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M
Y Beck Y Benefield

Benn Y Birdsong
Bishop Y Bostick

2320

JOURNAL OF THE HOUSE,

Y Branch Brooks Brown Buck Buford
YByrd Y Carrell Y Carter Y Chambless N 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
Foster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham 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 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
Milam Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Oliver.C Y Oliver.M Orrock Y Padgett Y Pannell

On the motion, the ayes were 143, nays 1. The motion prevailed.

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 Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith.L Y Smith.P Y Smith.T

Y Smith, W Smyre
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 Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Williams.B Williams,J Y Wilson Wood Y Workman Y Yeargin Murphy.Spkr

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 743

The Committee of Conference on HB 743 recommends that the Senate recede from its position and that HB 743 as it passed the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District
/s/ Arthur Langford, Jr. Senator, 35th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Hugh Boyd Pettit III Representative, 19th District

James W. Tysinger Senator, 41st District

/s/ Thomas M. Kilgore Representative, 42nd District

FRIDAY, MARCH 4, 1988

2321

Representative Watson of the 114th moved that the House adopt the report of the Committee of Conference on HB 743.
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 Benn Y Birdsong Y Bishop Bostick Y Branch Brooks Brown Buck Buford YByrd
Y Carrell 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
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
Groover Y Hamilton Y Manner
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 Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong 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 Morton

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

The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Oliver.C
Y 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 Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall 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 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
YWall Ware
Y Watson Y Watts
White Y Wilder
Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 862

The Committee of Conference on HB 862 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 862 be adopted.
Respectfully submitted,

2322

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/a/ RSeonoanteoyr,L1. 3BthowDeinstrict
/s/ Sallie Newbill Senator, 56th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Luther S - Colbert J Representative, 23rd District
/s/ Denny Dobbs Representative, 74th District
/s/ Bill Barnett Representative, 10th District

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 for a certain period 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 circumstances; to provide certain exceptions; to restrict in all counties after a certain date the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide for the issuance of permits with respect to the expansion of certain solid waste disposal sites; to provide certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, 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) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from the effective date of this Code section through April 1, 1990, no permit shall be issued for a solid waste disposal site in any county having a population of more than 350,000 according 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; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending or made on or after the effective date of this Code section and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.
(2) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal site in any county 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; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, 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.

FRIDAY, MARCH 4, 1988

2323

(2) With respect to the expansion of a solid waste disposal site for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of such site as expanded will be within one-half mile of an adjoining county."
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 Colbert of the 23rd moved that the House adopt the report of the Committee of Conference on HB 862.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N 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
Benn Y Birdgong
Y Bishop Y Bostick
N Branch N Brooks
Brown Buck Buford YByrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers N Clark.B Y Clark,H Clark,L Y Colbert

Y Coleman Colwell
Y Connell
N Couch YCox Y Crawford Y Crosby Y Cummings,B N Cummings.M N Davis.G Y Davis.M Y Dixon Y Dobbs
Dover NDunn
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 Manner Y Harris Y Hasty Y Heard Y Hensley N Herbert Y Holcomb

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

On the motion, the ayes were 125, nays 26. The motion prevailed.

Y Mostiler Moultrie
Y Mueller
Oliver.C Y Oliver.M
Orrock
Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters Y 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 N Richardson N Ricketson Y Robinson
Y Royal N Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

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

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

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

SR 501. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution amending SR 406.

2324

JOURNAL OF THE HOUSE,

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

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

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 905

The Committee of Conference on HB 905 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 905 be adopted.

FOR THE SENATE:
/a/ Culver Kidd Senator, 25th District
1st David Scott Senator, 36th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: /,s/, U,. . m C,,. ,M,angum JTr. Representative, 57th District
/s/ Troy A. Athon Representative, 57th District

/s/ Hudgins Senator, 15th District

/s/ James C. Moore Representative, 139th District

A BILL
To amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act," is amended by striking paragraph (5) of Code Section 20-4-62, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Notice to the school' means written correspondence sent to the address of record for legal service contained in the application for a certificate of approval authorization as provided for in this article."
Section 2. Said article is further amended by striking paragraphs (3) and (8) of Code Section 20-4-63, relating to exemptions from the "Georgia Proprietary School Act" in their entirety and substituting in lieu thereof, respectively, new paragraphs (3) and (8) to read as follows:
"(3) Nonprofit schools owned, controlled, operated, and conducted by religious, denominational, eleemosynary, or similar public institutions exempt from property taxation under the laws of this state; but such schools may choose to apply for a certificate of approval authorization under this article, and upon approval and issuance, such schools shall be subject to this article as determined by the administrator;
(8) A school which is otherwise regulated and approved under and pursuant to any other law of this state, including schools under the joint-secretary of the state examining

FRIDAY, MARCH 4, 1988

2325

boards; provided, however, that such schools may choose to apply for a certificate of approval authorization under this article and upon approval and issuance shall be subject to this article as determined by the administrator;"
Section 3. Said article is further amended by striking Code Section 20-4-66, relating to requirements for out-of-state schools, and Code Section 20-4-67, relating to applications for certificates, in their entirety and substituting in lieu thereof new Code Sections 20-4-66 and 20-4-67 to read as follows:
"20-4-66. (a) Any school domiciled or having its principal place of business outside of this state that solicits to contract or contracts with any person within this state shall be required to obtain a certificate of approval authorization from the administrator.
(b) Any contract entered into with any person for a course or courses of instruction after January 1, 1973, by or on behalf of any owner, school employee, or representative of a school subject to this article to which a certificate of approval authorization has not been issued shall be unenforceable in any action brought thereon.
20-4-67. (a) Schools shall make written application to the administrator for a certificate of approval authorization.
(b) Application for a certificate of approval authorization shall be made on forms furnished by the administrator and shall provide such information and accompanying data as provided by rules and regulations adopted pursuant to subsection (c) of Code Section 20-4-64.
(c) The administrator shall issue a certificate of approval authorization upon determination that an applicant school meets the requirements of Code Section 20-4-68. The administrator shall also issue a certificate of approval authorization to any proprietary school accredited by a regional or national accrediting agency included in the most recent listing by the United States Department of Education of approved nationally recognized accrediting agencies; provided, however, that the administrator, for cause, may revoke or deny renewal of a certificate of approval authorization for such schools."
Section 4. Said article is further amended by striking subsection (a) of Code Section 20-4-68, relating to criteria for the approval of certificates, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Subject to subsection (c) of Code Section 20-4-67, the administrator shall not issue a certificate of approval authorization to a school until and unless h the administrator is satisfied that the school meets the minimum standards required by this article and the rules and regulations adopted pursuant thereto."
Section 5. Said article is further amended by striking Code Section 20-4-69, relating to the issuance of certificates and their renewal, in its entirety and substituting in lieu thereof a new Code Section 20-4-69 to read as follows:
"20-4-69. (a) Upon review of an application for a certificate of approval authorization duly submitted in accordance with Code Section 20-4-67 and meeting the requirements of Code Section 20-4-68, the administrator shall issue a certificate of approval authorization to the applicant school. The certificate of approval authorization shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of approval the certificate; (2) The correct name and address of the school; (3) The authority for approval the issuance of the certificate and the conditions of approval issuance, if any, referring specifically to the approved catalog or bulletin published by the school; (4) The signature of the administrator or such person as may have been designated by him the administrator; and (5) Any other fair and reasonable representations consistent with this article and deemed necessary by the administrator. (b) The term for which a certificate of approval authorization shall be issued shall not exceed one year. (c) The certificate of approval authorization shall be issued to the owner of the applicant school and shall be nontransferable. In the event of a change in ownership of

2326

JOURNAL OF THE HOUSE,

the school, a new owner must, within ten days after the change in ownership, apply for a new certificate of approval authorization.
(d) At least 30 days prior to the expiration of a certificate of approval authorization, the administrator shall forward to the school a renewal application form which shall set forth any requirement by the administrator for revised or additional information necessary to enable the administrator to renew the certificate of approval authorization.
(e) A school not yet in operation when its application for a certificate of approval authorization is filed may not begin operation until receipt of the certificate of approval authorization."
Section 6. Said article is further amended by striking subsections (a) and (c) of Code Section 20-4-70, relating to the denial of certificates, in their entirety and substituting in lieu thereof, respectively, new subsections (a) and (c) to read as follows:
"(a) If the administrator, upon review and consideration of an application for a certificate of approval authorization or for the renewal thereof, shall determine the applicant to be unacceptable, the administrator shall set forth the reasons for denial in writing to the applicant.
(c) A school which is in operation when the application for a certificate of approval authorization is filed must suspend operations upon receipt of denial of a certificate of approval authorization, except as provided in subsection (b) of this Code section, for any periods in which an appeal from the determination of the administrator is pending pursuant to Code Section 20-4-73."
Section 7. Said article is further amended by striking Code Section 20-4-71, relating to revoking certificates or making issuance conditional, in its entirety and substituting in lieu thereof a new Code Section 20-4-71 to read as follows:
"20-4-71. (a) The administrator may revoke an issued certificate of approval authorization or place reasonable conditions upon the continued approval represented by validity of the certificate. Prior to revocation or imposition of conditions upon a certificate of approval authorization, the administrator shall notify the holder of the certificate in writing of the impending action, setting forth the grounds for the action contemplated to be taken and affording a day and date at least 30 days hence on which the holder of the certificate may be heard in response to the allegation of noncompliance with this article.
(b) A certificate of approval authorization may be revoked or made conditional if the administrator has reasonable cause to believe that the school is guilty of a violation of this article or of any rules and regulations promulgated under it.
(c) The administrator shall render to the school a determination in writing regarding the denial or imposition of conditions of a certificate of approval authorization within 30 days from the date of appearance and response by the holder of the certificate as provided in this Code section."
Section 8. Said article is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 20-4-72, relating to surety bonds, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(a) (1) Before a certificate of approval authorization is issued under this article, a blanket bond shall be provided by the school for the period during which the certificate of approval authorization is issued; and the obligation of the bond shall be that neither this article nor any rule or regulation adopted pursuant to this article shall be violated by the school or any of its officers, agents, or employees. The bond shall be a corporate surety bond issued by a company authorized to do business in the state, conditioned that the parties thereto shall pay all damages or expenses which the state or any governmental subdivision thereof or any person may sustain resulting from any such violation. The bond shall be payable to the state for the use and benefit of the state or any person or governmental subdivision of the state which may suffer expense or damage by breach thereof. The bond shall be filed with the administrator.
(2) The amount of the bond to be submitted with an application for a certificate of approval authorization shall be based on any one of the following computations:

FRIDAY, MARCH 4, 1988

2327

(A) The prepaid tuition and fees received during a given fiscal year divided by the number of semesters of training for which such payments are received when students commence training on a semesterly basis;
(B) The prepaid tuition and fees received during a given fiscal year divided by the number of quarters of training for which such payments are received when students commence training on a quarterly basis;
(C) The prepaid tuition and fees received during a given fiscal year divided by the number of months of training for which such payments are received when students commence training on a monthly basis; or
(D) The prepaid tuition and fees received during a given fiscal year divided by the number of classes of training for which such payments are received when students commence training on a class basis."
Section 9. Said article is further amended by striking Code Section 20-4-73, relating to appeals from the denial of certificates, in its entirety and substituting in lieu thereof a new Code Section 20-4-73 to read as follows:
"20-4-73. Any person aggrieved by a decision of the administrator respecting the denial, revocation, or conditioning of a certificate of approval authorization pursuant to Code Section 20-4-70 or 20-4-71 shall have the right to appeal such decision in accordance with the following provisions:
(1) If upon written notification of proposed action by the State Board of Education the school desires to contest the action, the school shall notify the state board in writing, within 15 days after the date of receipt of the official notice of the administrator, of the desire to be heard, and the school shall be given a hearing before the state board;
(2) Within 21 days after the request for hearing made by the school, the state board shall fix a time and place of hearing, which shall be held before the proposed action becomes effective;
(3) At such hearing the school may employ counsel, if desired, and shall have the right to hear the evidence upon which the charges are made, to cross-examine all adverse witnesses, and to present evidence in opposition thereto or in extenuation;
(4) If a school, upon notification of the proposed action, fails to request a hearing within 15 days thereafter or after a hearing as provided in this Code section, the state board's determination shall be entered as an order and shall stand as final and definitive; and
(5) If the state board denies or revokes a certificate of approval authorization, the school shall have the right to appeal such action to the state courts in accordance with Chapter 13 of Title 50."
Section 10. Said article is further amended by striking Code Section 20-4-75, relating to a list of schools to which certificates have been issued, in its entirety and substituting in lieu thereof a new Code Section 20-4-75 to read as follows:
"20-4-75. The administrator shall maintain a list of schools approved which have been issued certificates of authorization under this article. The list shall be available for the information of the public."
Section 11. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 20-4-79, relating to prohibited acts and penalties, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Operate a school without a certificate of approval authorization issued by the administrator or use the words 'college' or 'university' in the name of a school located in Georgia unless the school was doing so prior to July 1, 1985;"
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Mangum of the 57th moved that the House adopt the report of the Committee of Conference on HB 905.
On the motion, the roll call was ordered and the vote was as follows:

2328

JOURNAL OF THE HOUSE,

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

Y Coleman 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 Edwards Y Felton Y Floyd Y Foster 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 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 Linder YLong YLord Y Lucas Y Lupton Y Mangum
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
Oliver.C Y 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
Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal
Selman
Y Shepard Y Sherrod
Y Simpson Y Sinkfield

On the motion, the ayes were 142, nays 0. The motion prevailed.

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

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

Mr. Speaker:
The Senate recedes from disagreement and agrees to the House substitute as amended, by the Senate on the following Bill of the Senate:

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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.

FRIDAY, MARCH 4, 1988

2329

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 Annotated, relating to the maintenance and reporting of records, data, and statistics 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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 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.

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Dawkins of the 45th and Deal of the 49th.

The following Resolution of the Senate was read:

SR 501. By Senators Allgood of the 22nd and Kennedy of the 4th:

A RESOLUTION
Amending SR 406; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that SR 406 is hereby amended by striking on Page 1, line 11, the figures and symbols "5:00 P.M." and inserting in lieu thereof the following:
"12:00 Midnight".

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 Benn
Y Birdsong
Bishop YBostick
Y Branch

Y Brooks
Brown
Buck Buford
Y Byrd Y Carrell Y Carter Y Chambless
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
Y 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

Groover
Y Hamilton
Y 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
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 Milford
Y Mobley

2330

JOURNAL OF THE HOUSE,

Y Moody
Y Moore
Y Morton
Y Mostiler
Y Moultrie Mueller 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 Y Ray 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.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 Triplett Y Twiggs Y Waddle
Y Waldrep

On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution was adopted.

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

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1035.

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

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1035

The Committee of Conference on HB 1035 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1035 be adopted.

Respectfully submitted,

FOR THE SENATE-
/s/ NSeanthaatonr,D3e1asnt District
/s/ W.W.Fincher, Jr. Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES: //s// P..h,ll.lP A. ' ^Foster c , ... . Representative, 6th District
/s/ Jim Griffln Representative, 6th District

/s/ James W. Tysinger Senator, 41st District

/s/ Lauren McDonald, Jr. Representative, 12th District

A BILL
To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority, by contract, to provide to any county, municipality, public corporation, or public authority, or combination of the foregoing, the goods or services of the authority

FRIDAY, MARCH 4, 1988

2331

in connection with the operation and management of a local trade and convention center owned and operated by such county, municipality, corporation, authority, or combination of the foregoing, and to exercise the powers of any such county, municipality, corporation, authority, or combination of the foregoing, in connection with such local trade and convention center; to provide for financial liabilities and reimbursement; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center, is amended by adding thereto a new Code section, to be designated Code Section 10-9-16.1, which shall read as follows:
"10-9-16.1. (a) The authority is authorized to contract with any county, municipality, public corporation, or public authority, or combination of the foregoing (any such county, municipality, corporation, authority, or combination being hereinafter referred to as the 'local entity'), to exercise on behalf of the local entity such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center of such local entity, as is now or may be hereafter vested in the local entity, and to provide to the local entity goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any local trade and convention center of the local entity, all as the parties may by contract determine appropriate. Any such local entity is authorized by such contract to delegate to the authority all or any of its responsibilities and powers with respect to the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center and to obtain from the authority such goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center as the parties may by contract determine appropriate.
(b) Any such contract shall provide that the local entity shall reimburse the authority for all of the costs, liabilities, and expenses of the authority incurred by the authority in exercising such powers or providing such goods or services. The authority shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local entity in the acquisition, construction, operation, management, or maintenance of a local trade and convention center. No funds derived by the authority from or in connection with the operation of the Georgia World Congress Center shall be used to pay any liability, cost, or expense incurred in connection with such contract, except pursuant to contract providing for reimbursement of the authority by the local entity therefor.
(c) As used in this Code section, 'local trade and convention center' means a trade and convention center owned or operated by a local entity for the purpose of housing trade shows, conventions, cultural, political, musical, educational, entertainment, recreational, athletic, and other events, for displaying exhibits of counties, municipalities, industries, and attractions, or for promoting agricultural, historic, natural, and recreational resources of the state, which includes one or more facilities suitable for such purposes, including, but not limited to, exhibition halls, meeting halls, auditoriums, theatres, stadiums, facilities for purveying of foods, beverages, and other goods and services, parking facilities and parking areas in connection therewith, and related buildings or facilities usual and convenient to such purposes and activities."
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 HB 1035.

2332

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M 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 Brown Buck
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
Y Connell Y 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
Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer
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 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 Meadows Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

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

The motion prevailed.

Y Mostiler Moultrie
Y Mueller 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 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
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
Ware Watson
Watts White Y Wilder Y Williams,B Williams.J Y Wilson Wood Workman Yeargin
Murphy.Spkr

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1350

The Committee of Conference on HB 1350 recommends that the House of Representatives recede from its position and that HB 1350 as it passed the Senate be adopted:

Respectfully submitted,

FOR THE SENATE: M R. T. Phillips
Senator, 9th District
/s/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John G" Crawford Representative, 5th District
/s/ Walter E Cox Representative, 141st District

/s/ Arthur B. Edge Senator, 28th District

/s/ Charles E. Bannister Representative, 62nd District

FRIDAY, MARCH 4, 1988

2333

Representative Crawford of the 5th moved that the House adopt the report of the Committee of Conference on HB 1350.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman
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
Dover YDunn
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 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 Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows YMilam
Milford Y Mobley Y Moody Y Moore Y Morton

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

Y Mostiler
Y Moultrie Y Mueller
Oliver.C Oliver.M Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V 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 Y Smith.P
Smith.T
Y Smith, W YSmyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y 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
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:

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.

The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Allgood of the 22nd and Starr of the 44th.

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

2334

JOURNAL OF THE HOUSE,

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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.

The Senate recedes from disagreement and agrees to the House substitute as amended by the Senate to the following Bill of the Senate:

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 209

The Committee of Conference on SB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 209 be adopted.

FOR THE SENATE:
/s/ Ed Perry Senator, 7th District
/s/ Loyce W. Turner Senator, 8th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: , ,D . , _ . /s/ *RaelpPrhesTenwt'atfive, 4,th nDi. sttri.ctt
/s/ Bob Hanner Representative, 131st District

/s/ Culver Kidd Senator, 25th District

/s/ Tom Ramsey Representative, 3rd District

A BILL
To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more but less than 28 grams

FRIDAY, MARCH 4, 1988

2335

of free base cocaine which is not in the salt form shall constitute a crime; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by adding a new subsection (a.l) to read as follows:
"(a.l) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is in possession of five grams or more but less than 28 grams of free base cocaine which is not in the salt form or any mixture containing more than 10 percent of free base cocaine which is not in the salt form commits the felony offense of trafficking in cocaine. Upon conviction thereof, such person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Ramsey of the 3rd moved that the House adopt the report of the Committee of Conference on SB 209.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 53, nays 78.
The motion was lost and the report of the Committee of Conference on SB 209 was rejected.

Representatives Reaves of the 147th and Patten of the 149th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

2336

JOURNAL OF THE HOUSE,

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 Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 570

The Committee of Conference on SB 570 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 570 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ McGill
Senator, 24th District
1*1 Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Reaves Representative, 147th District
/s/ Hanson Carter Representative, 146th District

/s/ Bill English Senator, 21st District

/s/ Clinton Oliver Representative, 121st District

A BILL
To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy; to provide definitions; to provide that certain agricultural facilities or agricultural operations shall not be nuisances under certain circumstances; to provide for exceptions; to declare certain ordinances to be void; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by striking Code Section 41-1-7, relating to treatment of agricultural or farming operations as nuisances, which reads as follows:
"41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
(b) No agricultural or farming operation, place, establishment, or facility, or any of its appurtenances or the operation thereof, shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural or farming operation, place, establishment, or facility if such agricultural or farming operation, place, establishment, or facility has been in operation for one year or more.",

FRIDAY, MARCH 4, 1988

2337

and inserting in lieu thereof a new Code Section 41-1-7 to read as follows: "41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage
the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance.
(b) As used in this Code section, the term: (1) 'Agricultural facility' includes, but is not limited to, any land, building, struc-
ture, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture.
(2) 'Agricultural operation' means: (A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting of crops; (C) The application of pesticides, herbicides, or other chemicals, compounds, or
substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry;
(D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes;
(E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities;
(F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (c) No agricultural facility or any agricultural operation at an agricultural facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility if the agricultural facility has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility. (d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded or new techology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Reaves of the 147th moved that the House adopt the report of the Committee of Conference on SB 570.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M

Y Aiken Alford
Y Alien

Y Athon Y Atkins
Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett,M Y Beck

2338

JOURNAL OF THE HOUSE,

Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown Buck Buford YByrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Clark,B N 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

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

Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford N Lawler
Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
N Lupton Y Mangum N Martin Y McCoy
Y McDonald Y McKelvey
McKinney Y Meadows N Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller
Oliver.C N Oliver.M
Orrock

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

On the motion, the ayes were 130, nays 12. The motion prevailed.

Y Smith.T N Smith.W
Y Smyre Snow
Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Tolbert N Townsend
Y Triplett 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
Wood Y Workman Y Yeargin
Murphy ,Spkr

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

SB 564. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to change the definition 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.

The following Senate amendment was read:

Amend the House substitute to SB 564 by adding quotation marks at the end of line 4 of page 4.
By striking in their entirety lines 5 through 18 on page 4, which reads as follows:
person or business entity olitical action committee shall contribute anything of value to a member of the governing authority of any county or municipality for a period of one year before and one year after such person or business entity shall have any matter pending before such governing authority. For the purposes of this subsection, 'matter pending' shall include, but shall not be limited to, any zoning proposal or amendment to the zoning ordinance, sales to the governing authority, or employment by the governing authority. Any candidate who pretends to raise money to support other candidates shall not use any monies raised under such pretense for promoting himself or his own campaign."

FRIDAY, MARCH 4, 1988

2339

Representative Connell of the 87th moved that the House agree to the Senate amendment to the House substitute to SB 564.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown Buck 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 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
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 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 154, nays 0. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Oliver.C
Y Oliver.M Orrock
Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V 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
Y Smyre Snow
Y Stancil Stanley 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 Wataon
Y Watts White
Y Wilder Y Williams,B
Williams,J Y Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

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

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 Annotated, 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 certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially.

The following Senate amendment was read:

Amend HB 1413 by adding after the words "state auditor" on line 12 of page 1 the following:
"; to provide that certain nonprofit contractors shall submit a financial summary and statement in lieu of a certified audit".
By striking line 33 of page 6 and inserting in lieu thereof the following:

2340

JOURNAL OF THE HOUSE,

"reporting period. Any nonprofit contractor who receives less than $25.000.00 in contracts or grants in any year shall not be required to submit a certified audit but shall submit a financial summary and statement with such information as required by the agency administering such contract or grant.'"

Representative Hensley of the 20th moved that the House agree to the Senate amendment to HB 1413.

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 YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown Buck 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 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 N Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
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 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 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 141, nays 1.

The motion prevailed.

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

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

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 following Senate amendment was read:

Amend HB 1415 by adding after the semicolon on line 8 of page 1 the following:
"to provide that for purposes of Georgia income taxation, taxable net income shall not include certain social security benefits and railroad retirement benefits;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting a new Section 2 to read as follows:

FRIDAY, MARCH 4, 1988

2341

"Section 2. Said title is further amended in Code Section 48-7-27, relating to taxable net income of individuals, by striking the work "and" at the end of paragraph (5) of subsection (a), by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word "; and", and by adding at the end of subsection (a) a new paragraph (7) to describe a deduction in the computation of taxable net income and to read as follows:
'(7) Social security benefits and tier 1 railroad retirement benefits, to the extent included in federal taxable income.'"

Representative Crosby of the 150th moved that the House agree to the Senate amendment to HB 1415.
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 YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Brooks
Brown 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 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 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 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
Lord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford Y Mobley
Moody Y Moore Y Morton

On the motion, the ayes were 143, nays 0.

The motion prevailed.

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

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

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 Senate substitute was read:

2342

JOURNAL OF THE HOUSE,

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a habitual violator may be issued a probationary driver's license to attend meetings of organizations for persons who have addiction or abuse problems related to alcohol or other drugs; 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 either before or after expiration of the term at which judgment and sentence were pronounced; to state legislative intent; to provide for showing that certain persons are qualified 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.
41) (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 1A. Said title is further amended by striking subparagraph (e)(l)(E) of Code Section 40-5-58, relating to probationary licenses for habitual violators, and inserting in its place a new subparagraph (e)(l)(E) to read as follows:
"(E) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs; er (iii) Attending a college or school at which he is regularly enrolled as a studentTjor (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner."
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 whtefe renders him incapable of driving aafcly 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 him 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 violating this Code section j provided, however, that such person shall not be in violation of

FRIDAY, MARCH 4, 1988

2343

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, evidence 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 chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, 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 enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory 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 officer. 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 sectiont.
{&) Percent by weight ef alcohol in the blood shall be baaed upon grams f alcohol per WO 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 analysis 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 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 ef alcohol i the pcrson'8 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 evidence in determining whether 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;

2344

JOURNAL OF THE HOUSE,

(3) If there was at that time an alcohol concentration of 0.10 percent grams or more by weight ef- alcohol in 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 in 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 sentences 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, 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, be made by the defendant and accepted by the court as provided in this Code section."
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 follows:
"(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 assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, 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 following amendment was read and adopted:

Representative Porter of the 119th moves to amend the Senate substitute to HB 1660 by adding on line 17 of page 1 after the semicolon the following:
"to provide for the imposition of punishments in municipal courts for certain offenses;".
By striking line 29 of page 7 and inserting in lieu thereof the following:
"Section 6. Said title is further amended by adding at the end of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, as such Code section was amended by HB 1263 during the 1988 regular session of the General Assembly, a new subsection (d) to read as follows:
'(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.'
Section 7. All laws and parts of laws in conflict".

Representative Porter moved that the House agree to the Senate substitute to HB 1660, as amended by the House.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 4, 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
Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Brooks
Brown Buck 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
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 Poster 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 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 Y Lucas
Lupton Y Mangum
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
Oliver.C Oliver.M Orrock Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Shepard Y Sherrod Y Simpson Sinkfield

On the motion, the ayes were 141, nays 0. The motion prevailed.

2345
Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith, W Y Smyre
Snow Y Stancil Y Stanley
Steinberg Stephens Thomas.C Y Thomas.M Y Thompson 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 Williams,J Y Wilson Wood Y Workman Y Yeargin Murphy ,Spkr

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 provisions relating to renunciations of successions to interests in property to clarify 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 following Senate substitute was read:

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 the provisions relating to renunciations of successions to interests in property; to clarify 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"; to extend the time in which a minor may renounce an interest in property; to provide that an attempted renunciation shall operate as a transfer of the interest in property; to clarify that Code Section 53-2-115 does not alter the duties or responsibilities of a fiduciary; to provide that precatory expressions in a renunciation shall have no legal effect; to repeal conflicting laws; and for other purposes.

2346

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, is amended by striking Code Section 53-2-115, relating to renunciation of succession to interests in property, and inserting in lieu thereof a new Code Section 53-2-115 to read as follows:
"53-2-115. (a) Aft heir; dcviacc, person succeeding to a renounced interest, bcncfi ciary under a testamentary instrument, person designated to take pursuant te a power ef appointment exercised fey a testamentary instrument, er his personal representative Any person to whom an interest in property is transferred, or who succeeds to an interest in property by contract or by operation of law, or any fiduciary acting on behalf of such person may renounce in whole or in part the succession to any property or interest therein by filing a written instrument within the time and at the place provided in subsection (b) of this Code section. For purposes of this Code section, the term 'interest in property' includes any powers over or rights with respect to such property. The instrument shall:
(1) Describe the property or part thereof or interest therein renounced; (2) Be signed by the person renouncing; and (3) Declare the renunciation and the extent thereof. (b) The writing specified in subsection (a) of this Code section must be filed within nine months after the dath ef the decedent er the denee ef the power date the interest in property is transferred or within 12 months of the transfer if the transferee us a ward and a guardian has been appointed at the time of the transfer, or, if the taker of the property is not then finally ascertained, net but in no event later than nine months after the event by which the taker or the interest is finally ascertained. The writing must be filed in the court of the county in which proceedings concerning the decedent's estate are pending or in which they would be pending if commenced if the transferor is deceased and in the county in which the real property is located if such transfer is a transfer of real property. A copy of the writing shall also be mailed to the transferor or to the personal representative of the decedent if the transferor is deceased. (c) Unless the decedent or donee of the power has otherwise indicated by his will, the interest renounced and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest renounced shall pass as if the person renouncing had predeceased the decedent or, if the person renouncing is one designated to take pursuant to a power of appointment exercised by a testamentary instrument, as if the person renouncing had predeceased the donee of the power. In every case the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be. (d) The following shall bar the right to renounce as to the property: (1) Any assignment, conveyance, encumbrance, pledge, or transfer of property therein or any contract therefor; (2) Any written waiver of the right to renounce or any acceptance of property by aft heir; devisee, person succeeding to a renounced interest, beneficiary, er person designated to take pursuant to a power ef- appointment exercised by testamentary instrument a transferee; or
(3) Any sale or other disposition of property pursuant to judicial process, made before the expiration of the period in which he or she is permitted to renounce.
(e) The right to renounce granted by this Code section exists irrespective of any limitation in the nature of a spendthrift provision or similar restriction on the interest of the person renouncing.
(f) This Code section does not abridge the right of any person to assign, convey, release, or renounce any property arising under any other Code section or any other statute.
(g) A renunciation that fails to meet the requirements of this Code section shall operate as a transfer of the interest in property to those persons who would have received such interest in property if the renunciation had met the requirements of this Code section.

FRIDAY, MARCH 4, 1988

2347

(h) Nothing in this Code section shall be deemed to alter the duties or responsibilities of any fiduciary.
(i) Any expression of intent or desire in a renunciation by the person renouncing as to the disposition of the renounced interest in property shall, unless specifically declared to be a condition of such renunciation, be considered merely precatory and shall have no legal effect.
{g) (j) Any interest in property which existed on March 27, 1972, but which had not then become indefeasibly fixed both in quality and quantity, or the taker of which had not then become finally ascertained, may be renounced as provided in this Code section. An interest which arose prior to March 27, 1972, in any person other than the person renouncing is not destroyed or diminished by any action of the person renouncing taken under this Code section."
Section 2. 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 substitute to HB 1250.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett.M YBeck Y Benefield Y Benn
Y Birdsong Y Bishop
Bos tick Y Branch Y Brooks
Brown Buck Buford YByrd Y Carrell 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
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
Greer Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Holcomb

Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson.R
Y Kilgore Y Kingston Y Lane,D Y Lane,R
Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong
Lord 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

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

The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M
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 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 Y Smith.P
Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil Y Stanley
Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Tolbert
Townsend Y Triplet!
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
Wood Y Workman Y Yeargin
Murphy ,Spkr

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

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

2348

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 Annotated, relating to creel and possession limits, so as to change certain provisions regarding limits applicable to American shad or Hickory shad.

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

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 Annotated, relating to Georgia National Guard license plates, so as to authorize a distinctive license plate for retired members of the Georgia National Guard.

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

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1472

The Committee of Conference on HB 1472 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1472 be adopted.

FOR THE SENATE:
Is/ HSeundagtionrs, 15th District
/s/ Roy E. Barnes Senator, 33rd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: /,s/, 3,e M,,ack, ,W,,.i,lson Representative, 20th District
/s/ Thomas M. Kilgore Representative, 42nd District

/s/ Paul C. Broun Senator, 46th District

/s/ Tom Crosby, Jr. Representative, 150th District

FRIDAY, MARCH 4, 1988

2349

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize an increase in the rate of joint county and municipal sales and use taxation under certain circumstances; to change certain provisions relating to the repeal of Article 3 of said chapter, relating to special purpose county sales and use taxation, upon the effective 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. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding after Code Section 48-8-82 a new Code Section 48-8-82.1 to read as follows:
"48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax authorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the rate of tax imposed under this article may be increased one time from 1 percent to 2 percent for a period of one year if such increase is approved by the concurrent action of the governing authority of the county and the governing authorities of all qualified municipalities in the county, provided that the resolution or ordinance of each such governing authority must be adopted within a period of 30 days beginning on the date of adoption of the first such resolution or ordinance. Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the necessary resolution or ordinance by all such governing authorities. The proceeds of the increased tax shall be divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent."
Section 2. Said chapter is further 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 constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.", 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 proposed 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 submission 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 commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2350

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

By unanimous consent, further consideration of the Committee of Conference report on HB 1472 was postponed until Monday, March 7, 1988.

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

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 Senate 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 authorize mandatory and involuntary HIV testing of certain children who have committed certain delinquent acts in certain circumstances; to provide for reporting, recording, and disclosure of certain HIV test results and provide for victim counseling and provide for separate confinement of those children determined to be infected with HIV; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to redefine the crime of reckless conduct to include certain conduct by HIV infected persons and provide for penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, so as to authorize mandatory and involuntary HIV testing of certain persons who have committed certain crimes and provide for conditions of suspending or probating sentences in certain circumstances; to provide for reporting, recording, and disclosures of certain HIV test results and provide for victim counseling and separate confinement of certain criminals; 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 brochures 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 Annotated, relating to privileged medical information, so as to provide that AIDS confidential information will be confidential and 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 and counseling of certain 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 confidential nature; 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 provide for subpoenas and testimony regarding AIDS confidential information and for certain

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judicial proceedings to obtain that information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for judicial procedures to require HIV testing and public health measures for HIV infection; 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 provide for consent, advice, and counseling regarding HIV tests and exceptions thereto; 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 provide for mandatory and involuntary HIV testing of certain prisoners and provide for the separate confinement 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 provide for all related matters; to repeal conflicting laws; and for other purposes.
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 intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. 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 protect themselves and prevent its spread. The Department of Human Resources is encouraged 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 measures 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, relating 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 may in its discretion and upon the written recommendation of the Department of Human Resources 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) 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 deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources, which 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, if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; 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 may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of the Department of Human Resources reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 3. Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by striking that Code section and inserting in its place a new Code Section 16-5-60 to read as follows:
"16-5-60. (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 who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving 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 where 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, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years."

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Section 4. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, 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 transmitting crime, the court in which that verdict is returned or plea entered may in its discretion and upon written recommendation of the Department of Human Resources 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 Department 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 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 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 if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and that report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV."
Section 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, 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 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 prepare 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 prepared by the Department of Human Resources under this subsection shall be prepared 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 subsection (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 acknowledging 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 after Code Section 24-9-40 a new Code section to read as follows:

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"24-9-40.1. AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47." and is further 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 maintaining AIDS confidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal entity; or
(B) Be compelled by subpoena, court order, or other judicial process 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, court order, or other judicial process 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 in writing 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 department.
(f) The results of an HIV test may be disclosed to the person, or that person's designated representative, who ordered such tests of the body fluids or tissue of another person.
(g) 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 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, sexual partner, or child
that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made.
(h) (1) A physician 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 such patient has been determined to be infected with HIV; and (C) The name and address of any other person whom the disclosing physician 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.

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2355

(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 if reasonably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or 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 determined 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 and counseling 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 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 seven years and if that spouse may be located and contacted without undue difficulty. (i) Any health care provider authorized to order an HIV test may disclose AIDS confidential information regarding a patient thereof if that disclosure is made to a 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 that health care provider or facility:
(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 that health care service to that patient.
(j) A physician 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 or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor.
(k) 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 infected with HIV and that person at risk is a minor or incompetent person, such disclosure 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.
(1) 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 information 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 institutional 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.
(m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclosure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those designated employees may thereafter disclose to and provide for the disclosure of

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that information among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is authorized or required to be made to that physician, health care provider, or legal entity.
(n) 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 confidential nature of that information except for the purpose for which the authorized or required disclosure is made.
(o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(p) 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 identification of any person.
(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(r) Any person or legal entity required by an order of a court to disclose AIDS confidential information in the custody or control of such person or legal entity shall disclose that information as required by that order.
(s) In connection with any prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60, the prosecutor may subpoena any person to authenticate test results obtained pursuant to subsection (q) 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, personnel, or both of the Department of Human Resources or a county board of health notwithstanding Code Section 50-18-72.
(t) (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 a public safety agency or the Department of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of employee.
(2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the public safety agency or the Department of Human Resources 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 private 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 subsection 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.

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(6) Upon the issuance of an order that a person or legal entity be required to disclose 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 specify 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 operated by or on behalf of that department.
(9) AIDS confidential information obtained pursuant to this subsection may not be used in any criminal or civil proceeding against the person identified by that information. (u) A physician, health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct. (v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communicable disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV. (w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider:
(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 that health care service to that patient.
(x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure 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.
(y) The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the patient, his heirs, successors, assigns, or a beneficiary of the patient, including but not limited to an executor, administrator, or personal representative of the deceased patient's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim; or
(2) Places the patient's care and treatment, the nature and extent of his injuries, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding,
(z) AIDS confidential information may be disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions.

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(aa) In any action brought under Title 19, AIDS confidential information shall be subject to subpoena; provided, however, that no such information shall be released or admitted into evidence in any case unless such information is first submitted to the trial court under seal and until an in camera inspection is made by the court and the court determines that the information is admissible into evidence at trial and cannot be obtained from other sources."
Section 7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 17 thereof a new Chapter 17A to read as follows:
"CHAPTER 17A
31-17A-1. (a) Any term used in this chapter 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) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.
31-17A-2. The authorized agent or agents of the Department of Human Resources are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources are authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3.
31-17A-3. (a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the department believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the administration of the HIV test and the person is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court.
(b) The superior court shall hear the complaint on an expedited basis without a jury. All proceedings before the court shall be sealed.
(c) If after consideration of the evidence, the court finds clear and convincing evidence that the person is reasonably likely to be infected with HIV and that there is a compelling need to protect the public health, the court may order the person to submit to an HIV test, shall retain jurisdiction to render such orders as are appropriate to effectuate that order, and, in the event the person so tested is determined to be infected with HIV, to require such procedures to protect the public health consistent with the least restrictive alternative which is available within the limits of state funds specifically appropriated therefor."
Section 8. Said Title 31 is further 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; (E) Has had a positive or negative result from an HIV test;

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(F) Has sought and received counseling regarding AIDS; or (G) Has been determined to be a person at risk of being infected with AIDS, 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) Incest; (I) Statutory rape; (J) Battery; (K) Aggravated battery; 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. (4) 'Body fluids' means blood, semen, or vaginal secretions. (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 providing the person after administration of an HIV test with information and explanations appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Human Resources shall develop a brochure which meets the requirements of this paragraph and, upon delivery of that brochure to the person at the time the HIV test results are disclosed to that person and referral of that person to the Department of Human Resources for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph.
(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, or podiatric clinic; (D) Hospice, as defined in Code Section 31-7-172; (E) Clinical laboratory, as defined in Code Section 31-22-1; or (F) Administrative, clerical, or support personnel of any legal entity specified in
subparagraphs (A) through (E) of this paragraph. (9) 'Health care provider' means any of the following persons licensed or regulated by the state:
(A) Physician or physician's assistant; (B) Osteopath;
(C) Podiatrist;
(D) Midwife;
(E) Dentist, dental technician, or dental hygienist;
(F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist;
(G) Registered nurse;

2360

JOURNAL OF THE HOUSE,

(H) Licensed practical nurse; (I) Emergency medical technician, advanced emergency medical technician, paramedic, or cardiac technician; (J) Clinical laboratory director, supervisor, technician, or technologist; (K) Funeral director or embalmer;
(L) Member of a hospice team, as defined in Code Section 31-7-172; (M) Nursing home administrator;
(N) Professional counselors, social workers, or marriage and family therapists; (0) Psychologist; (P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (O) of this paragraph;
(Q) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (O) of this paragraph; or
(R) 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) Penal institution; or
(E) 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.
(19) 'Person' means a natural person. (20) 'Person at risk of being infected with HIV means any person whose body
fluids may have already come in contact with or may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person in such manner as is reasonably likely to result in the transmission of HIV to said 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. (24) 'Testing brochure' means a brochure or other document to be developed or
approved by the Department of Human Resources which meets the requirements of

FRIDAY, MARCH 4, 1988

2361

this paragraph and that department shall make such testing brochure available to the public upon request. The testing brochure shall contain an explanation of the testing procedure including the right to refuse such test, the confidentiality of AIDS related information, the social and medical implications of the HIV tests and results, and of behaviors which may enhance or reduce the risk of transmitting AIDS and HIV. (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 perform 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 identifying 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 (h) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV.
(c) Unless exempted under this subsection, each health care provider who orders an HIV test for any person shall do so only after delivering a testing brochure or medically appropriate information to the person to be tested and providing a reasonable opportunity for review and consultation. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall not apply to situations in which an HIV test is ordered or required in connection with an application for insurance coverage. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample.
(d) The health care provider ordering an HIV test shall provide counseling to the person tested with regard to the test results. Such counseling shall only be required when the last confirmatory test has been completed.
(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of subsection (c) or (d) of this Code section. The statute of limitations for any action alleging a violation of this subsection shall be two years from the date of the alleged violation."
Section 9. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, 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:

2362

JOURNAL OF THE HOUSE,

"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 Department 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 commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. 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 reasonably believed to be sexually active while incarcerated; (2) That person is reasonably believed to be sexually predatory either during or prior to incarceration; or (3) The commissioner determines that other conditions or circumstances 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 10. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding following 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 provide 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 11. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, 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.

FRIDAY, MARCH 4, 1988

2363

(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 determined by the Department of Human Resources to have a reasonable probability of transmitting HIV 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 disposed 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 subsection (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."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Hooks of the 116th moved that the House disagree to the Senate substitute to HB 1281.
The motion prevailed.

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

HB 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 Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1241

The Committee of Conference on HB 1241 recommends that the Senate recede from its position and that HB 1241 as originally introduced be adopted.
Respectfully submitted,

2364

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Rooney L. Bowen Senator, 13th District
/s/ Jimmy Hodge Timmons Senator, llth District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Ramsey Representative, 3rd District
/s/ Ralph Twiggs Representative, 4th District
Is/ Bob Hanner Representative, 131st District

Representative Ramsey of the 3rd moved that the House adopt the report of the Committee of Conference on HB 1241.

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

Y Aaron
Y Adams.G Y Adams,M
Aiken Y Alford
Alien Y Athon
Atkins 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 Buck Buford YByrd Y Carrell Y Carter Y 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
Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon 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
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
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

On the motion, the ayes were 139, nays 0.

Mostiler Moultrie Y Mueller Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson 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 YSnow Y Stancil
Y Stanley Steinberg
Y Stephens 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 Y White Y Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

The motion prevailed.

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

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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.

FRIDAY, MARCH 4, 1988

2365

Representative Martin of the 26th moved that the House insist on its position in substituting SB 532.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's receding from its position in disagreeing to the House substitute, and the Senate's agreeing to the House substitute as amended by the Senate:
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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.
The following Senate amendment was read:

Amend the House substitute to SB 573 by striking on Page 5, Lines 29 through 33, and Page 6, Lines 1 through 3, and renumbering remaining sections accordingly.

Representative Thomas of the 69th moved that the House disagree to the Senate amendment to the House substitute and insist on its position in substituting SB 573.
The motion prevailed.

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

HB 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 vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 159

The Committee of Conference on HB 159 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 159 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES: .. /s/ ^ RepreDse"n*ta*ti*v8eO,"9th. .D..is.tri.ct
/s/ am Barnett Representative, 10th District

/s/ Mark Taylor Senator, 12th District

/s/ Tom Crosby Representative, 150th District

2366

JOURNAL OF THE HOUSE,

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 the transfer of the certificate of title for certain vehicles; to provide for enforcement proceedings; to provide for a penalty; to require the disclosure of odometer mileage on replacement certificates of title; to provide for an exception; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by adding immediately following Code Section 40-3-40 a new Code Section 40-3-41 to read as follows:
"40-3-41. (a) Any person, firm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vehicle until the requirements of this Code section have been met.
(b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers."
Section 2. Said article is further amended by striking Code Section 40-3-25.1, relating to the entry of the odometer reading on the certificate of title upon sale or transfer of a motor vehicle, and substituting in lieu thereof a new Code Section 40-3-25.1 to read as follows:
"40-3-25.1. In addition to the information required by Code Section 40-3-25, each certificate of title issued by the commissioner shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at

FRIDAY, MARCH 4, 1988

2367

the time of its sale or transfer. When a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the requirement of disclosure of the odometer mileage on certificates of title. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 9th moved that the House adopt the report of the Committee of Conference on HB 159.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon
Y Atkins 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 Buck
Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Childers Clark.B Y Clark.H Clark.L Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford N 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
Foster 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 YIsakson Y Jackson,J Y Jackson,W
Y Jamieson Y Johnson.D
Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
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

On the motion, the ayes were 132, nays 1.

The motion prevailed.

Mostiler Y Moultrie
Y Mueller Oliver.C
Y 01iver,M Y Orrock
Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray 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
YSmyre Snow
Y Stancil Y Stanley Y Steinberg
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 Y Wilder Y Williams.B
Williams.J Wilson Wood Workman Y Yeargin Murphy,Spkr

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

2368

JOURNAL OF THE HOUSE,

HB 1743. By Representative Twiggs of the 4th:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, 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.

The following Senate amendment was read:

Amend HB 1743 by striking from lines 1 through 3 of page 2 the following:
"in letters not less than four inches in height of a contrasting color from the background color of the motor vehicle".

Representative Twiggs of the 4th moved that the House agree to the Senate amendment to HB 1743.
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
Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks
Brown Buck Buford YByrd Y Carrell Y Carter Y 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
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
Galer Y Godbee Y Goodwin Y Green
Y Greene 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
Isakson
Y Jackson.J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder 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

On the motion, the ayes were 147, nays 0.

The motion prevailed.

Mostiler Y Moultrie Y Mueller
Oliver.C
Y Oliver.M Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard 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 Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith,?
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 Y White Y Wilder Y Williams.B
Williams,J
Y Wilson Wood
Y Workman Y Yeargin
Murphy.Spkr

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

FRIDAY, MARCH 4, 1988

2369

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 Annotated, relating to the maintenance and reporting of records, data, and statistics 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 following Senate substitute was read:
A BILL
To amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics 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; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by insurers and rating and advisory organizations generally, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) Each insurer shall maintain statistics under statistical plans compatible with the rating plans used. An insurer ay shall report its statistics through a recognized statistical agency or advisory organization. No insurer shall be required to report its statistics through such agencies or organizations with respect to any unique or unusual risks or with respect to any risks rated in accordance with Code Section 33-9-32 or any lines or sublines of insurance for which such agencies or organizations do not promulgate rates or rating systems. Moreover, the Commissioner shall withhold from public inspection any proprietary information of any insurer, agency, or organization."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Ware of the 77th moved that the House agree to the Senate substitute to HB 1494.
On the motion, the roll call was ordered and the vote was as follows:

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

Buck
Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance
Cheeks Y Childers Y Clark.B
Clark.H 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
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
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
McKinney Y Meadows
Milam
Y Milford Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orrock
Y Padgett

2370

JOURNAL OF THE HOUSE,

Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
YPinkston YPittman Y Porter Y Powell
Y Prichard Y Rainey

Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom Ray 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
Smith.T
Smith.W Smyre Y Snow Y Stancil
Y Stanley Steinberg

On the motion, the ayes were 147, nays 0. The motion prevailed.

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
Wilhams.J Y Wilson
Wood Y Workman
Y Yeargm Murphy.Spkr

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.

The following Senate substitute was read:

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; 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 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, is amended by striking Code Section 27-4-195, relating to times and places for taking oysters and clams generally, in its entirety and substituting in lieu thereof a new Code Section 27-4-195 to read as follows:
"27-4-195. (a) Except for purposes of transplanting, it shaH be unlawful for taty person te take oysters from any of the salt waters of this state during the period from May W through August 16v It shall atee be unlawful to take oysters for the purpose ef transplanting from any of the salt waters of this state unless the waters have been opened for saeh taking by the commissioner except at such times and places as the commissioner may establish. The commissioner is authorized to open and or to close for the purpose of taking oysters for human consumption any all or a any portion of the salt waters of this state at any time from August 16 January 1. to May 14 December 31, provided that he the commissioner has determined that the opening or closing is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130.
(b) It shall be unlawful to take clams from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this state at any time from Jaly January 1 through March December 31, provided that he the commissioner has determined that the taking of clams is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130.
(c) It shall be unlawful to give permission to take oysters, clams, or both from any area not opened pursuant to this Code section.
(d) It shall be lawful for any person to take not in excess of two bushels of oysters or one bushel of clams per person per day for noncommercial purposes with a maximum

FRIDAY, MARCH 4, 1988

2371

of six bushels of oysters or two bushels of clams per boat per day, provided the person has on his person, while so taking, written permission from the landowner authorizing the taking."
Section 2. This Act shall become effective on May 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 123rd moved that the House agree to the Senate substitute to HB 1794.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B
Y Barnett,M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch
Y Brooks Brown Buck 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
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover NDunn 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
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 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

On the motion, the ayes were 142, nays 2. The motion prevailed.

Mostiler Moultrie
Y Mueller Oliver.C
Y 01iver,M
YOrrock 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 YRandall
Y Ransom Ray 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,?
Smith.T
N 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
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
Wood Y Workman Y Yeargin
Murphy.Spkr

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

SB 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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

The following Senate amendment to the House substitute was read:

2372

JOURNAL OF THE HOUSE,

Amend the House substitute to SB 367 by adding on line 10 of page 2 after the word "undergoes" the words "an amniocentesis diagnostic procedure or".
By striking line 15 and line 16 of page 4 and inserting in lieu thereof the following:
"against the responsible physician or any hospital, ambulatory surgical treatment center, professional corporation, or partnership of which the responsible physician is an eam". ployee or partner and which is responsible for such physician's acts, or both, upon
By adding on line 29 of page 4 after the word "that" the following:
", as to an allegation of negligence for failure to comply with the requirements of this Code section,".
By adding on line 18 of page 5 after the word "condition" the following:
", provided that such consent shall be valid for a period of 30 days from the date it is obtained or for the period of time the person is confined in a hospital after having been admitted for the performance of such procedure, whichever is greater".

The following House amendment to the Senate amendment to the House substitute was read and adopted:

Representatives Pannell of the 122nd, Chambless of the 133rd, Thomas of the 69th and Groover of the 99th move to amend the Senate amendment to the House substitute to SB 367 by striking on page 1, line 17, the figure "18" and inserting in lieu thereof "19" and by striking all on lines 19 through 23, page 1, and inserting in lieu thereof the following:
"; provided, however, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure the consent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater".

Representative Pannell of the 122nd moved that the House agree to the Senate amendment, as amended by the House, to the House substitute to SB 367.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAdams,G Y Adams.M
Aiken YAlford
Alien YAthon Y Atkins Y Bailey
Balkcom N Bannister
Y Bargeron Y Barnett,B YBarnett,M YBeck
Benefield Benn
Y Birdsong Y Bishop
Bostick
Y Branch Y Brooks
Brown Buck Buford YByrd

Y Carrell N Carter Y Chambless Y Chance
Cheeks
YChilders YClark,B
Clark,H Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B YCummings,M YDavis,G
Y Davis.M YDixon Y Dobbs Y Dover YDunn Y Edwards

Y Felton Y Floyd N Foster
Galer Y Godbee
Y Goodwin N Green Y Greene
Greer Gresham N 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 N Langford
Lawler Y Lawrence Y Lawson
Y Lee Y Linder N Long
Lord 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
Moore Y Morton
^O9t,ller
Y Mou trie Y Mueller
0 iver.C Y Oliver M Y Orrock Y Padgett
Y Panneli Parham Parrish Patten
Y Peters Y Pettit
Y Phi lips Y Pinkston Pittman
^orte,r, Y Powell Y Pnchard Y Ramey Y Ramsey.T
Ramsey.V

FRIDAY, MARCH 4, 1988

YRandall
Y Ransom YRay
Reave, Redding
Richardson Ricketson Y Robinson N Royal YSelman

Shepard
N Sherrod Y Simpson Y Sinkfield NSizemore
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 Tnplett Twiggs
Y Waddle Y Waldrep
Watter.C Y Walker,L Y Wall Y Ware Y Watson

On the motion, the ayes were 129, nays 11. The motion prevailed.

2373
Y Watts White
Y Wi der YW lhams.B
Wi hams,J Y WiUon
Wood Y Workman Y Yeargin
Murphy.Spkr

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

HR 548. By Representative Redding of the 50th:

A RESOLUTION
Creating the House Radon Gas Study Committee; and for other purposes.
WHEREAS, the federal Environmental Protection Agency has estimated that lifetime exposure to household radon over currently recommended limits causes 5,000 to 20,000 deaths from lung cancer each year; and
WHEREAS, radon gas enters homes through basements, cracks, uncovered holes, and crawl spaces, or out of ground water; and
WHEREAS, the National Research Council reports that the risk of cancer from radon gas is ten times greater for smokers; and
WHEREAS, the Center for Disease Control estimates that as many as 12 million homes in this country may have levels of radon which should prompt homeowners to improve ventilation, seal foundation cracks and fissures, or take other steps to reduce levels of such gas; and
WHEREAS, according to state environmental officials, radioactive radon gas exceeds recommended safe levels in 15 percent of the houses tested in Georgia; and
WHEREAS, the General Assembly should investigate and study the problems and dangers associated with radon gas and, if feasible, pass legislation or take other measures to develop a state policy to cope with the problem and protect the citizens of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Radon Gas 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 conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the

2374

JOURNAL OF THE HOUSE,

committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HR 548 by striking from line 21 of page 2 the following:
"ten",
and inserting in lieu thereof the following: "five".

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

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

Y Coleman Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummir _ Y Cummings.M Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover 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
Lord 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 N Morton

Mostiler Moultrie Y Mneller Oliver.C Oliver.M
Y Orrock 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
Ramsey.T Ramsey,V Y Randall Y Ransom
Ray Reaves Y Redding 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 Smyre Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Tolbert Townsend Y Triplet! Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker.L YWall
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, as amended, the ayes were 128, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 Annotated, 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 institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.

FRIDAY, MARCH 4, 1988

2375

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to authorize a district attorney to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution; to provide that photographs, photocopies, or video tapes of any currency seized and deposited in a financial institution shall be admissible at trial in lieu of the original currency under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," is amended by striking subsection (d) in its entirety and inserting lieu thereof a new subsection (d) to read as follows:
"(d) (1) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall:
(A) ft) Place the property under seal; (B) {2} Remove the property to a place designated by the judge of the superior court as set out above; or (C) {3} Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto. (B) Photographs, photocopies, or video tapes of any currency seized and deposited pursuant to subparagraph (A) of this paragraph, duly identified in writing by the law enforcement officer originally taking custody of the currency as accurately representing such currency, shall be admissible at trial in lieu of the original currency."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Adams.G
Y Adams.M Y Aiken
Y Alford 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
Bishop Y Bostick Y Branch
Y Brooks Brown Buck

Buford Y Byrd Y Carrell Y Carter
Chambless N Chance
Cheeks Y Childers Y Clark,B
Y Clark.H Clark.L
Y Colbert

Y Coleman Y Colwell Y Connell Y Couch
Cox 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

2376

JOURNAL OF THE HOUSE,

Y Greet 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
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y LanHeK.D,U

Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Under Y Long
Lord
Y Lucas Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey McKinney
Y Meadows
Y Milam Y Milford Y Mobley Y Moody
Moore YI Miviourrwtojnn

Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Peters
Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom

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

On the passage of the Bill, by substitute, the ayes were 135, nays 1.

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

The Bill, having received the requisite constitutional majority, was passed, by substi-

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

The following Committee substitute was read and adopted:

A BILL

To amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating

to compensation of judges of the magistrate courts, is amended by striking subsections (a)

and (b) and inserting in their place new subsections (a) and (b) and by adding at the end

of such Code section new subsections (f) and (g) to read as follows:

"(a) Unless otherwise provided by local law, the chief magistrate of each county

other than those counties where the probate judge serves as chief magistrate shall

receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0

5,999......................................................................................$ 3,960.00 5,925.00

6,000 11,999...................................................................................... 6,886.00 8,827.50

12,000 19,999...................................................................................... 6,710.00 10,065.00

20,000 29,999...................................................................................... 7,600.00 11,250.00

30,000 39,999...................................................................................... 8,010.00 13,365.00

40,000 49,999...................................................................................... 9,720.00 14,580.00

50,000 99 999

10 320 00 15 480 00

100,000 199',999..................................................................................... 19,476.00 20J212.50

200,000 ef mere 299,999...................................................................... 17,700.00 26,550.00

300,000 or more.........................................................................................._______28,750.00

FRIDAY, MARCH 4, 1988

2377

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which h the chief magistrate serves as determined by the United States decennial census of 1980 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office.
(b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $60.00 $150.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office.
(f) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.
(g) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section Ij Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county."
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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford
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 Buck Buford YByrd Y Carrell
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 Cox Crawford
N Crosby Y Cummings.B
Y Cummings.M Y Davis.G Y Davis.M N Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y 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 N Kingston Y Lane,D Y Lane.R Y Langford
Lawler N Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald N McKelvey
McKinney Y Meadows YMilam Y Milford
Y Mobley Y Moody
Moore Y Morton

Mostiler
Y Moultrie N Mueller
Oliver.C Y Oliver.M Y Orrock
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
Reaves Y Redding
Richardson
Y Ricketaon 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 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 Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

2378

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 134, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 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:

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

Y Coleman N Colwell
Y Connell Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.G N Davis.M Y Dixon N Dobbs N Dover
Dunn Y Edwards N Felton
N Floyd N Foster
Galer N Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin N Groover Y Hamilton Y Hanner N Harris Y 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 Kilgore
N Kingston Y Lane.D N Lane.R
Langford Lawler N Lawrence Lawson YLee Y Linder YLong Lord Y Lucas N Lupton N Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney
N Meadows
YMilam Y Milford Y Mobley N Moody
Moore N Morton

Mostiler Y Moultrie N Mueller
Oliver.C Y Oliver.M
Orrock Padgett Y Pannell Y Parham Y Parrish 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 N Ricketson Y Robinson Y Royal N Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 103, nays 37.

Y Sizemore N Smith,L Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow N Stancil
Stanley Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Tolbert N Townsend Y Triplet!
N Wa. Y Waldrep
Walker.C N Walker.L YWall Y Ware Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman N Yeargin
Murphy.Spkr

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

Representative Mueller of the 126th moved that the House reconsider its action in giving the requisite constitutional majority to SB 407.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
N Adams.M Y Aiken

Alford Alien Athon Y Atkins

Y Bailey Y Balkcom Y Bannister Y Bargeron

N Barnett,B Y Barnett,M NBeck Y Benefield

Benn Y Birdsong N Bishop
Bostick

FRIDAY, MARCH 4, 1988

Y Branch N Brooks
Brown Buck
Buford YByrd Y Carrell Y Carter
N Chambless N Chance
Cheeks N Childers N Clark,B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell N Connell Y Couch
Cox N Crawford N Crosby Y Cummings,B N Cummings,M Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover N Dunn N Edwards

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

Y Lane.R Langford
N Lawler Y Lawrence N Lawson YLee
Linder N Long
Lord N Lucas Y Lupton Y Mangum N Martin N McCoy Y McDonald
N McKelvey McKinney
Y Meadows NMilam
Milford N Mobley Y Moody
Moore Y Morton
Mostiler N Moultrie Y Mueller
Oliver.C
Y Oliver.M N Orrock
Padgett N Pannell

On the motion, the ayes were 78, nays 68.

The motion prevailed.

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

2379
Y Smith.W NSmyre
Snow Y Stancil N Stanley
Steinberg N Stephens Y Thomas.C N Thomas.M N Thompson N Thurmond Y Tolbert Y Townsend N Triplett Y Twiggs Y Waddle N Waldrep
Walker.C Y Walker.L N WaU N Ware N Watson N Watts N White Y Wilder Y Williams.B
Williams,J N Wilson
Wood N 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:

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

The President has appointed on the part of the Senate the following: Senators Hine of the 52nd, Kidd of the 25th and Deal of the 49th.

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

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 mentally 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 conduct.

2380

JOURNAL OF THE HOUSE,

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

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 participation in professional development programs.

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.

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

HB 1785.

By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

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

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 Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment 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 Senate insists on its substitute to the following Bill of the House:

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).

FRIDAY, MARCH 4, 1988

2381

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 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.
By unanimous consent, further consideration of SB 434 was postponed until Monday, March 7, 1988, immediately following the period of unanimous consents.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:
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 mentally 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 conduct.
Representative Thomas of the 69th moved that the House insist on its position in amending the Senate substitute to HB 878 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Groover of the 99th and Alien of the 127th.
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 601. By Senator Baldwin of the 29th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to insurance with other insurers.

The report of the Committee, which was favorable to the 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 Y Beck

2382

JOURNAL OF THE HOUSE,

Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch Y Brooks
Brown Buck Buford YByrd Carrell Y Carter Y Chambless Chance Cheeks Y Childers Clark.B Y Clark.H Clark.L Colbert Y Coleman Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon

YDobbs 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 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 Y Lane.D Y Lane.R
Langford Lawler
Y Lawrence Y Lawson YLee Y Under
Long Lord Y Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam Y Milford
Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller
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
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
Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L
Y Smith.P

On the passage of the Bill, the ayes were 135, nays 0.

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

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 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).

Representative Hooks of the 116th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1281 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 15th, Hooks of the 116th and Pannell of the 122nd.

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

FRIDAY, MARCH 4, 1988

2383

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.

The following substitute, offered by Representative Coleman of the 118th, was read:

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 Industry and Trade relative to the Georgia Hazardous Waste Management Authority; to limit certain liability of the members and officers and employees of the authority; to provide for intent; to assign the authority to the Office of Planning and Budget; 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 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, is amended by striking paragraph (3) of Code Section 12-8-101, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Project' means one or a combination of two or more of the following: the design, construction, operation, or management of one or more hazardous waste facilities, as that term is defined in Code Section 12-8-62, such facilities to be located in this state. The design, construction, operation, or management of a hazardous waste facility or facilities shall apply to all real property, structures, and facilities of every kind and character necessary or convenient for the efficient operation of a hazardous waste facility or facilities. The construction, operation, and management of a hazardous waste facility or facilities would be for the purpose of providing a site or sites and a facility or facilities for the safe disposal and control of hazardous waste, as that term is defined in Code Section 12-8-62, consistent with the protection of the health, safety, and welfare of the citizens of this state and of the environment, and for the purpose of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Georgia business, industry, and commerce, within and outside of the state. The term 'project' may also include creating the capacity or increasing the capacity of an existing facility so as to provide for the treatment, storage, or disposal of any solid waste which requires or is appropriate for special handling."
Section 2. Said article is further amended by adding between Code Section 12-8-103 and Code Section 12-8-104 the following:
"12-8-103.1. The Department of Industry and Trade is authorized to plan, construct, acquire, repair, remodel, maintain, add to, extend, improve, equip, operate, manage, and own a project. The Department of Industry and Trade is authorized to acquire in the name of the state, by purchase, lease, agreement, or condemnation, such land as it may deem necessary or proper for a project. The costs of any such project may be paid from appropriations or from the proceeds of state general obligation or guaranteed revenue debt. The Department of Industry and Trade is authorized to contract with the authority; the State Properties Commission; the Georgia State Financing and Investment Commission; or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.
12-8-103.2. Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf

2384

JOURNAL OF THE HOUSE,

thereof and while acting within the scope of their responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a project; or
(2) Carrying out any of the discretionary powers or duties expressly provided for in this article."
Section 3. Said article is further amended by adding between Code Section 12-8-112 and Code Section 12-8-113 the following:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treatment, and other methods; and the authority is authorized to charge for the use of its facilities and its services so as to further this policy.
12-8-112.2. The authority is assigned to the Office of Planning and Budget for administrative purposes. The Office of Planning and Budget is authorized to provide such staff and other administrative services as may be needed by the authority."
Section 4. 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 floor substitute to SB 597 by striking from line 4 of page 3 the word "Neither" and inserting in lieu thereof the following:
"Except for gross negligence or willful or wanton misconduct, neither".
By adding on line 12 of page 3 after the word "the" the word "discretionary".

The Floor substitute, as amended, was adopted.

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

Y Aaron Y,. AA. dd,aammss,.GM, . YAiken
YAlford Y Alien YAthon Y Atkins YBailey YBalkcom Y Bannister YBargeron YBarnett,B YBarnett,M YBeck YBenefield
Benn YBirdsong Y Bishop YBostick Y Branch
13- Y Brooks

Y Carrell YY.. CC.-,h,aartmerb, l,ess Y Chance
Cheeks Y Childers YClark,B YClark,H
Clark'L Colbert Y Coleman Y Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Cummings.B YCummings,M YDavis.G Y Davis.M
Y^dTards

^ Felton * >yd v' F|o>sutebr
GTMr ^odbee Y Good Y Green Y Greene
rGresham nffm i S'T* Y Ham.lton ganer JHarns
vY SHear^d Y Hensley Y Herbert Y Ho comb Y Holmes Y Hook.
V

Y Johnson,D * jonnson,rv Y Kil vY KmngsVton,
vY TLaneRR Langford
Y Lawrence
v T . VY ILmHde,r,
,"? Lord
Y ILuopton

v McDonald Y McKe"vev

V

d

Y Moody*"
Y, 7 M. ,orton Mostiler
Y Moultrie Y Mueller
M Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peten Y Pettit Y Phillips Pinkston Y Pittman Y P^r Y Powell Y Prichard
.
V Ramsey.V

FRIDAY, MARCH 4, 1988

2385

YRandall
Y Ransom YRay Y Reaves
Redding Richardson
YRicketson Y Robinson Y Royal YSelman

Shepard
Y Sherrod Y Simpson Y Sinkfield YSizemore Y Smith.L
Y Smith.P Smith.T
Y Smith,W Smyre

Y Snow
Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Tolbert

V Townsend
Y Tnplett Y Twiggs Y Waddle Y WaUrep
Walker.C
Y Walker.L Y Wall
Ware Y Watson

Y Watts
White Y Wi der Y W,lhan,s,B
Wi l.ams,j Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

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

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.

By unanimous consent, further consideration of SB 625 was postponed until Monday, March 7, 1988, immediately following the period of unanimous consents.

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

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

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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 706 through 712, who have registered in the Docket of Legislative Appearance as of March 4, 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 4th day of March, in the year of our Lord One Thousand Nine Hundred and Eightyeight and of the Independence of the United States of America the Two Hundred and Twelfth.

2386

JOURNAL OF THE HOUSE,

(SEAL)

Is/ Max Cleland Secretary of State

706. John P. Tucker, Jr. Fannin County Board of Commissioners Gilmer County Commissioners Georgia Pro-Life Coalition 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309
707. Ollie McGahee, III Fraternal Order of Police Post Office Box 2402 Gainesville, Georgia 30501
708. Don Newhart AMTA 8501 Highway 85 Riverdale, Georgia 30354

709. Sims Garrett C. W. Contracting P.O. Drawer Marietta, Georgia 30061
710. Thomas A. Burroughs Concerned Citizens Group 1572 Hardee Street, #14-C Atlanta, Georgia 30307
711. Syliva Cherry Nat. Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
712. James L. Cherry Nat. Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247

Pursuant to SR 501, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 7, 1988.

MONDAY, MARCH 7, 1988

2387

Representative Hall, Atlanta, Georgia Monday, March 7, 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 Balkcom Bannister Bargeron Barnett.B Barnett.M Beck 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.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

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 Mangum
Martin McCoy McDonald
McKelvey McKinney Meadows Milam Milford
Mobley Moody

Moore Morton Mostiler Mueller Oliver.C Oliver.M
Orrock Padgett Pannell Par ham Patten Peters Pettit Phillips Pittman Porter Powell 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 Tolbert Townsend Triplett Twiggs Waddle
Waldrep
Walker.C
Wall Watts
Wilder
Williams.B
Williams,J Wilson
Workman
Yeargin
Murphy.Spkr

Prayer was offered by Dr. Hugh L. Davis, Pastor, Statesboro United Methodist Church, Statesboro, 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.

2388

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1924. By Representatives Wilson of the 20th, Lawler of the 20th, Hensley of the 20th, Aiken of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating a board of commissioners of Cobb County, so as to prohibit certain persons, business entities, or political action committees from making certain contributions to members of the governing authority of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

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

Mr. Speaker:

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

SB 666 Do Pass SB 684 Do Pass

SB 685 Do Pass, by Substitute SB 688 Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, MARCH 7, 1988
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this 40th Legislative Day as enumerated below:
HR 580 Postsecond Vo. Ed. Lab. Equip. & Lib. Res. Needs St. Com. HR 973 House Pari-Mutuel and Lottery Wagering Study Com.: Create
SB 7 Superior Court Clerks/Spouses: Retirement Benefits SB 15 Probate Courts Retirement Fund: Increase Benefits SB 87 Emp. Ret. System: Fulton County Board of Health Membership SB 124 State Employees: Sick Leave: Amend Provisions (P.P. 3/7) SB 128 Peace Officers Annuity/Benefits: Surviving Spouse SB 129 Employees' Retirement: Options Pertaining to Spouse: Amend SB 201 Magistrate Courts: Extradition: Jurisdiction SB 221 Public School Employees Retirement Creditable Service SB 318 Advisory Commission on Program for Blind: Create SB 352 Public Schools: Sex Education Course: Standards SB 407 Absentee Ballot: Application: Cert. Age Requirement (Rec.) SB 429 Misdemeanors: Punishment: Amend Provisions SB 434 Probation: Max. Duration of Any Period: Require (P.P. 3/7)

MONDAY, MARCH 7, 1988

2389

SB 495 Workers' Comp. Benefits: Injured Emp.: Certain Misconduct SB 545 Driver's License: Suspension: Notification: Fees SB 615 Mun. Elec.: Primaries: Agent Qualify on Behalf of Candidate SB 621 Abortion: Parental Notification: Signed Statement (P.P. 3/7) SB 625 Mun. Elec.: Terms of Off. Elected in 1990: Amend (P.P. 3/7) SB 638 Teachers: Grievance Procedures: Standards SB 648 Fair Bus. Practices: Mortgage Debt Asst.: Prohibitions
SR 274 Victims of Crime: Compensate - CA
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 Senate were taken up for consideration and read the third time:

SB 684. By Senators Harrison of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to make provisions for the Magistrate Court of Cobb County; to provide for qualifications.

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

The report of the Committee, which was favorable to the passage of the Bill, was 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 685. By Senators Brannon of the 51st and Hine of the 52nd:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, as amended, so as to provide a supplement to the salary of the district attorney of said circuit; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as

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amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4663), so as to change the supplement to the salary of the judge of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4663), is amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. The judges of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the superior courts in this state the sum of $8,500.00 per annum, payable monthly out of the funds of Bartow and Gordon Counties. The amounts provided in this subsection shall be apportioned between Bartow and Gordon Counties on a per capita basis according to the population figures of the United States decennial census of 1980 or any future such census."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

SB 688. By Senator Brannon of the 51st:
A bill to provide that the school superintendent of Gilmer County shall be elected in nonpartisan elections; to provide for terms of office; to provide procedures relative to the nomination and qualification of candidates for school superintendent; to provide for related matters; to provide for a referendum.

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

The following 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:

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HB 1557.

By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provisions relative to the automatic repeal of the chapter.

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

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 Annotated, 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 Senate has appointed a Second Committee of Conference on the following Bill of the Senate:

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

The President has appointed on the part of the Senate the following: Senators Perry of the 7th, Turner of the 8th and Kidd of the 25th.

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

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

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The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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.

The President has appointed on the part of the Senate the following: Senators Coverdell of the 40th, Engrain of the 34th and Langford of the 35th.

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

The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, McKenzie of the 14th and Broun of the 46th.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 provide 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 President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th.

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

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 misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.

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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 Annotated, 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.

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 Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.

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

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

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

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 Annotated, relating to the certification by the State Board of Education of professional personnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.

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 Annotated, relating to safety belts and safety restraints for children in motor vehicles, 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 systems.

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

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 Annotated, 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 Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the House:

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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 mentally 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 conduct.

The President has appointed on the part of the Senate the following: Senators Crumbley of the 17th, Garner of the 30th and Dean of the 31st.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following: Senators Hine of the 52nd, Howard of the 42nd and Barnes of the 33rd.

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

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.

HB 1890. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman of the board.

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HB 1903. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city.

HB 1904. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption and the income limits for qualification for such exemption.

HB 1905. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to increase the amount of the exemption and the income limits for qualification for such exemption.

HB 1906. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court.

HB 1907. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the purchases by the board of commissioners.

HB 1908.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act providing that the judge of the Probate Court of Towns County shall also serve as the chief magistrate of Towns County, so as to change the provisions relating to the compensation of the judge of the probate court for serving as chief magistrate.

HB 1910.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act providing for a new charter for the City of Hazelhurst, so as to provide for an advisory referendum election to be held in the City of Hazelhurst for the purpose of ascertaining whether or not the authorization of sales of beer and wine within the corporate limits of the city is preferred by the electors of such city.

HB 1911. By Representative Ware of the 77th:
A bill to amend an Act making provisions for the Magistrate Court of Heard County, so as to change the compensation of the chief magistrate; to provide an effective date.

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HB 1912.

By Representations Thompson of the 20th, Isakson of the 21st, Gresham of the 21st, Lawler of the 20th, Hensley of the 20th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cobb County during designated registration periods as provided in Code Section 40-2-20.1 of the O.C.G.A.

HB 1917. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide a homestead exemption from all White County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

HB 1918.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide a homestead exemption from all White County ad valorem taxes other than county school district taxes for educational purposes in the amount of $15,000.00 of the assessed value of such homestead for certain residents of White County who have annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

HB 1920.

By Representative Greene of the 130th:
A bill to create the Stewart County Water and Sewerage Authority; to provide for a short title; to provide for the membership of the authority and its rules, quorum, organization, meetings, and vacancies thereon; to provide for members of the authority and their appointment, terms, qualifications, and expenses; to provide for definitions.

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.

HB 1901. By Representatives Triplett of the 128th and Pannell of the 122nd:
A bill to amend an Act creating the Chatham Area Transit Authority, so as to provide that designation of special districts for transit services shall not prohibit provision of contract or charter bus service by the Authority.

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 Equalization; 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.

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 Commissioner of Insurance to approve certificates of self-insurance for motor vehicle insurance purposes.

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HB 1189. By Representative Barnett of the 10th:
A bill to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed.

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 Annotated, relating to applications for appeals for discretionary appeals, so as to make appeals from decisions of the state courts reviewing decisions of magistrate courts.

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 Annotated, relating to program weights for funding under the "Quality Basic Education 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 Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave.

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 Annotated, 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.

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.

HB 1357.

By Representative Barnett of the 10th:
A bill to amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provisions describing the relationship of such law to certain constitutional amendments and laws adopted pursuant to the authority of such constitutional amendments.

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 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.

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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 Annotated, relating to the issuance of bad checks, so as to change the form of notice.

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 Annotated, 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.

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 reimbursement of counties for capital felony expenses.

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 presentment 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.

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 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 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.

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 Annotated, relating to application for license to practice psychology, so as to change certain license requirements.

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 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.

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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 definitions; to provide that certain provisions will apply to railroad and rapid transit systems as well as to bus transportation.

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 provide 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 provided to certain members of the General Assembly.

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 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 number of deer killed in a season.

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.

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 Annotated, relating to local authorization and regulation of sales of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain counties and municipalities.

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

HR 547. By Representative Beck of the 148th: A resolution compensating Mr. Roger L. Underwood.

HR 573. By Representative Harris of the 84th: A resolution compensating Mr. Greg Harden.

HR 588. By Representative Isakson of the 21st: A resolution compensating Ms. Angie Callaway.

HR 749. By Representative Lawler of the 20th: A resolution compensating Mr. Jack Prince, Delta Y Corporation, Inc.

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HR 1021. By Representatives Twiggs of the 4th, Jackson of the 9th, Colwell of the 4th, Bargeron of the 108th and Athon of the 57th:
A resolution supporting the Georgia Public Safety Memorial.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 408. By Senator Kidd of the 25th:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, 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 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 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 definitions; 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 Environmental Protection Division as to solid waste generally.

SB 680. By Senators Newbill of the 56th, Harrison of the 37th and Ragan of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide an effective date.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

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 Annotated, relating to access to and use of public facilities by physically handicapped 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.

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.

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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 Annotated, relating to emergency medical services, so as to provide for the certification 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 revocation.
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 documents; to provide definitions; to provide penalties.
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 Annotated, relating to requirements for issuance of motor vehicle liability insurance 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 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 Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee.

SB 651. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to possession of firearms by convicted felons and first offender probationers, so as to provide that the provisions of such Code section shall not apply to or prohibit any person who is on probation as a first offender for an offense against property or who has completed such probation from receiving, possessing, transporting, or otherwise using a rifle or shotgun solely for the purpose of hunting.

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 prohibit certain false statements, failure to disclose certain information, impersonation, and other fraudulent schemes or devices; to provide for penalties.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill 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 Annotated, relating to limited partnerships, so as to revise, modernize, and supersede the laws of Georgia relating to limited partnerships.

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JOURNAL OF THE HOUSE,

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

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 Annotated, relating to certain unfair or deceptive practices in consumer transactions, 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.

The Senate recedes from its amendment to the following Bill of the House:

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 Annotated, 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 Senate has rejected the report of the Committee of Conference on the following Bill of the House:

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

The Senate has adopted the reports of the Committees of Conference on the following Bills of the House:

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.

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 homestead.

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

MONDAY, MARCH 7, 1988

2403

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 salaries or wages of their employees contributions or dues to certain charitable associations.

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 Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of population bills.

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

HB 1292.

By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, 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.

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 Annotated, 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.

By unanimous consent, all House and Senate Bills and Resolutions passed today, as amended, or by substitute, were ordered immediately transmitted to the Senate.

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

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 District ad valorem taxes.

The following Senate substitute was read:

A BILL
To provide that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net income of the

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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 District ad valorem taxes for the full value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for the repeal over a certain period of time of the presently existing homestead exemption relative to DeKalb County School District ad valorem taxes for residents of said school district who are 62 years of age or over or disabled; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the DeKalb County School District who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead, does not exceed $15,000.00 for the immediately preceding taxable year.
(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, 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 gainfully employed and that such incapacity is likely to be permanent.
(c) A qualified resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County, giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of 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. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The election superintendent shall conduct

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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 immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net 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 District ad valorem taxes for the full value of the homestead of such resident?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 3. If this Act is approved in the referendum provided for in Section 2 of this Act, then on January 1, 1991, the constitutional amendment set forth in Georgia Laws 1982 at pages 2659 through 2662, which relates to a homestead exemption from DeKalb County School District ad valorem taxes for residents of said school district who are 62 years of age or over or disabled, and which was continued in force and effect as statutory law by Article VII, Section II, Paragraph IV of the Constitution, shall stand repealed in its entirety. Said constitutional amendment continued as statutory law shall be effective in 1989 only for residents of the DeKalb County School District who are 63 or 64 years of age on January 1, 1989, and shall be effective in 1990 only for residents of the DeKalb County School District who are 64 years of age on January 1, 1990.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Williams of the 48th, et al, to the Senate substitute, was read and adopted:

A BILL
To provide that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net 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 District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Each resident of the DeKalb County School District who is 65 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes in the amount of $14,000.00 of the value of the resident's homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse and all other members of the resident's family who also reside at and occupy such homestead does not exceed $15,000.00 for the immediately preceding taxable year.

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(b) For the purpose of this section, net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this section. In order to qualify for the exemption provided for in this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, 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 gainfully employed and that such incapacity is likely to be permanent.
(c) A qualified resident of the DeKalb County School District shall not receive the benefits of the homestead provided for in this section unless the resident, or an agent acting in behalf of such resident, files an affidavit with the tax commissioner of DeKalb County giving the resident's age, or if disabled, the certificate or certificates provided for in subsection (b) of this section, the amount of income which the resident and the resident's spouse and other members of the resident's family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of 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. Such applications shall be processed in the same manner as other applications for homestead exemption, 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; provided, however, that after any such resident has filed the proper affidavit and certificate or certificates if disabled, as provided in this section, and has been allowed the exemption provided in this section, it shall not be necessary that the resident make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such resident. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for in this section to notify the tax commissioner in the event the resident becomes ineligible for any reason to receive such homestead exemption. The homestead exemption provided for in this section shall apply to all taxable years beginning on and after January 1, 1989.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the DeKalb County School District 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 immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income together with the net 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 District ad valorem taxes in the amount of $14,000.00 of the value of the homestead of such resident?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1989. If the Act is not so approved or if the election is not conducted

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as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on January 1, 1989.
The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 48th moved that the House agree to the Senate substitute to HB 1646, as substituted by the House.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 provide 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.

Representative Groover of the 99th moved that the House adhere to its position in substituting SB 435 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Thomas of the 69th and Chambless of the 133rd.

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

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 following Senate amendment was read:

Amend HB 1349 by adding in the title on line 19 of page 1, following the semicolon and preceding the word "to", the following:

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"to authorize a physician's assistant to perform services in a Health Manpower Shortage Area or an area eligible for designation as a Health Manpower Shortage Area under certain conditions;".
By adding between lines 21 and 22 on page 4 the following:
"Section 8. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-34-103, relating to applications to utilize persons as physician's assistants, and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) (1) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this article shall preclude a physician's assistant from making house calls and hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.
(2) A physician's assistant shall be authorized to perform services in a clinic located in any county designated or eligible for designation by the Secretary of Health and Human Services as a "Health Manpower Shortage Area" pursuant to 42 U.S.C. 254(e), but only if that entire county is included within an area so designated or eligible for designation as a "Health Manpower Shortage Area." The board shall promulgate rules no later than September Ij, 1988, establishing the qualifications of physician's assistants who may perform services pursuant to this paragraph, regulating applications for the establishment of clinics wherein the services are to be performed, and prescribing requirements for the availability of supervising physicians at those clinics for supervision, consultation, and case review regarding those services.'"
By redesignating Sections 8 through 10 as Sections 9 through 11, respectively.

The following amendment was read and adopted:

Representative Childers of the 15th moves to amend the Senate amendment to HB 1349 by striking lines 3 through 32 of page 1 and lines 1 through 18 of page 2.

Representative Childers of the 15th moved that the House agree to the Senate amendment to HB 1349, as amended by the House.
On the motion, the ayes were 118, 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 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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

Representative Jackson of the 83rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1549 and that a Committee of Conference be

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2409

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 83rd, Robinson of the 96th and Bailey of the 72nd.

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

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The following Senate amendment was read:

Amend HB 1785 by adding immediately after the numeral "VIII" on line 14 of page 1 the following:
", Section VI, Paragraph I".

Representative Cummings of the 17th moved that the House disagree to the Senate amendment to HB 1785.
The motion prevailed.

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

The following Senate substitute was read:

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; to provide for distribution of the state housing surcharge to the real estate transfer 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. Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, is amended by striking Code Section 48-6-1, relating to the real estate transfer tax, generally, in its entirety and inserting in lieu thereof a new Code Section 48-6-1 to read as follows:
"48-6-1. There is imposed a tax at the rate of $1.00 for the first $1,000.00 or fractional part of $1,000.00 and at the rate of 10<t for each additional $100.00 or fractional part of $100.00 on each deed, instrument, or other writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to or

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vested in the purchaser or purchasers, or any other person or persons by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance existing prior to the sale and not removed by the sale) exceeds $100.00. Whenever the tax imposed by this Code section is collected, there is further imposed a state housing surcharge at a rate of 30t on the first $1,000.00 or fractional part of $1,000.00 and at the rate of 3(t for each additional $100.00 or fractional part of $100.00. The state housing surcharge shall be administered and collected and treated in the same manner as the real estate transfer tax collected pursuant to this article, except with regard to distribution of the tax and housing surcharge as specifically provided in Code Section 48-6-8."
Section 2. Said article is further amended by striking Code Section 48-6-8, relating to distribution of the tax, in its entirety and inserting in lieu thereof a new Code Section 48-6-8 to read as follows:
"48-6-8. (a) AH Except as provided in subsection (b) of this Code section, all revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 2 of this chapter, relating to taxation of intangible personal property, are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner.
(b) The state housing surcharge which is imposed by Code Section 48-6-1 and all interest earned on the state housing surcharge shall be paid directly into the state treasury."
Section 3. This Act shall become effective on January 1, 1989; provided, however, that the provisions of this Act shall become effective on such date only upon the ratification 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 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ramsey of the 3rd moved that the House disagree to the Senate substitute to HB 908.
The motion prevailed.

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 Annotated, 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 Senate amendments were read:

Senate Amendment No. 1
Amend HB 1308 by adding in the title on line 1 of page 1, between the word "To" and the word "amend", the following:
"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; to".
By adding between lines 6 and 7 on page 1 the following:

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"Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately following Code Section 40-2-29.21 a new Code section to read as follows:
'40-2-29.22. (a) Georgia College having been chartered by the state in 1889, there shall be issued beginning in 1989 special license plates to commemorate the establishment of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Georgia College. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) In calendar year 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. In the event of the renewal or revalidation of special license plates after December 31, 1989, pursuant to Code Section 40-2-29.21, special license plates issued on or after January 1, 1989, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(d) In the event of the renewal or revalidation of special license plates after December 31, 1989, pursuant to Code Section 40-2-29.21, special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76. Except as otherwise provided in Code Section 40-2-29.21, special license plates issued under this C19o8d9e.'"section shall expire and shall not be renewed or revalidated after December 31,

By striking from line 7 of page 1 the following: "Section 1", and inserting in lieu thereof the following: "Section 2". By striking from line 26 of page 4 the following: "Section 2", and inserting in lieu thereof the following: "Section 3".

Senate Amendment No. 2 Amend HB 1308 by adding on line 4 of page 1 after the semicolon the following: "to provide for related matters;".

Representative Jackson of the 9th moved that the House disagree to the Senate amendments to HB 1308.
The motion prevailed.

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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 Annotated, relating to safety belts and safety restraints for children in motor vehicles, 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 systems.

The following Senate amendment was read:

Amend HB 71 by inserting on line 3 of page 3 immediately following the word "Resources" the following:
"and unless such children are being transported to said church or public or private school in a van operated by the church or public or private school".

Representative Jackson of the 9th moved that the House agree to the Senate amendment to HB 71.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron 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
Chambless Y Chance Y Cheeks
Childers 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
Dover Y Dunn
Edwards 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 Y Hasty Y Heard Y Hensley
Herbert
Y Holcomb

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

On the motion, the ayes were 133, nays 1.

The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Orrock
Y Padgett Pannell
Y Parham Parrish
Patten Peters Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell
Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson 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
Smyre YSnow Y Stancil
Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend
Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall Y Ware
Watson Watts White Y Wilder Williams.B Y Williams,J Y Wilson Wood Y Workman
Y Yeargin
Murphy,Spkr

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 Annotated, relating to dogs, so as to provide for the regulation of dangerous dogs.

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The following Senate 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 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 classification of dangerous and potentially dangerous dogs and for certain notices and hearings in connection therewith; to provide for the registration of dangerous and potentially dangerous dogs; to provide for unlawful activities in connection with registering, owning, possessing, and maintaining a dangerous or potentially dangerous dog; to provide for the confiscation of dangerous and potentially dangerous dogs; to provide for the destruction of dangerous and potentially dangerous dogs under certain circumstances; to provide for penalties; 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:
"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: (A) Has without provocation inflicted severe injury on a human being on public
or private property; or (B) Aggressively bites, attacks, or endangers the safety of humans without
provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification. (2) 'Dog control officer' means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of this article. (3) 'Governing authority' means the governing body or official in which the legislative 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:

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(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 vicious or terrorizing manner in an apparent attitude of attack. (7) 'Proper enclosure' means an enclosure for keeping a dangerous dog or potentially 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 structure 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; records of any federal, state, or local court; or records of a dog control officer provided 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 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.
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 territory 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 governing 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 jurisdiction 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 additional 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 resolution 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. No member of the animal control board may participate in a hearing on any matter in which such member previously participated in the classification of the dog at issue. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section.

MONDAY, MARCH 7, 1988

2415

(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 the local board of health within the jurisdiction of such local government to conduct such hearings. Any board so designated is authorized and shall have jurisdiction to conduct such hearings and determine matters provided for in Code Section 4-8-24.
4-8-23. (a) Each dog control officer shall make such investigations and inquiries as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction.
(b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog 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 classification or reclassification. Such notice shall be complete upon its mailing.
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. As applied to the owners of dangerous dogs, the procedures provided for in this Code section shall not be an essential element of any crime provided for in this article.
(b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification.
(c) The notice to the owner shall meet the following requirements: (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 classification as a dangerous or 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 dangerous dog or potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the governing authority, the board of health, or the animal control board of the respective local government and shall specify the name of the applicable agency which will conduct the hearing;
(5) The notice shall state that if a hearing is not requested, the dog control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective 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 applicable agency and shall provide specific instructions on mailing or delivering such request to the agency.
(d) When the governing authority, animal control board, or local board of health, whichever is applicable, 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 board shall notify the dog owner in writing by certi-
fied 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 opportunity to testify and present evidence and in addition thereto the governing authority or board shall receive such other evidence and
hear such other testimony as the governing authority or board may find reasonably
necessary to make a determination either to sustain, modify, or overrule the dog control
officer's classification of the dog. (e) Within ten days after the date of the hearing, the governing authority or board
shall notify the dog owner in writing by certified mail of its determination on the mat-
ter. If such determination is that the dog is a dangerous dog or a potentially dangerous
dog, the notice shall specify the date upon which that determination is effective.

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4-8-25. (a) It is unlawful for an owner to have or possess within this state a dangerous 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 possesses a dangerous dog or potentially dangerous dog shall issue a certificate of registration 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:
(1) A policy of insurance in the amount of at least $15,000.00 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 $15,000.00 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.
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 control 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 dangerous 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.

MONDAY, MARCH 7, 1988

2417

(c) Any dog that has been confiscated under the provisions of subsection (a) or (b) of this Code section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.
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 confiscation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed.
(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. In addition to any confinement that might be imposed for a conviction under this subsection, for a second conviction a fine of not less than $150.00 shall be imposed and for a third or subsequent conviction a fine of not less than $300.00 shall be imposed.
(c) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, such owner shall be guilty of a felony if the owner's dangerous dog attacks or bites a human being under circumstances constituting another violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsection 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) An owner who knowingly and willfully fails to comply with the provisions of this article shall be guilty of a felony if the owner's dangerous dog aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsection 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.
(f) No owner of a dangerous dog shall be held criminally liable under this article for injuries inflicted by said owner's dog to any human being while on the owner's property.
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 governments, 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 purposes 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 provisions of this Act on and after January 1, 1989. This Act shall be effective for all purposes on January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Rainey of the 135th moved that the House agree to the Senate substitute to HB 1273.

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JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M 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 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 Colbert

Y Coleman Y Colwell Y Connell Y Couch
NCox Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Diion Y Dobbs
Dover YDunn
Edwards Felton 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
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson ,R
Y Kilgore Kingston
Y Lane,D Y Lane.R
Langford Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney Meadows Y Milam Y Milford Y Mobley Y Moody Moore Y Morton

On the motion, the ayes were 132, nays 2.

The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell Y Parham
Parrish
Y Patten Y Peters Y Pettit
Y Phillips Pinkston
Y Pittman Porter
Y Powell Prichard
Y Rainey Y Ramsey.T
Ramsey.V Randall N Ransom YRay Y Reaves Redding Richardson Y Ricketson 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
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson 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
Williams,B Y Williams,J
Wilson Wood Y Workman Y Yeargin Murphy.Spkr

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 Annotated, 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 following Senate substitute was read:

A BILL
To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to require the tax official to give the taxpayer certain notice prior to issuing a tax execution; 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; to provide for criminal penalties for violations; to provide for the maximum amount which the transferee of a tax execution may charge for the release or satisfaction of such execution; to require the would-be transferee of a tax execution to give certain notice prior to obtaining the transfer of a tax execution; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2419

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to issuing tax executions, and inserting in lieu thereof a new Code Section 48-3-3 to read as follows:
"48-3-3. (a) Except as otherwise provided in Code Section 48-5-512, the tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him as aoon as the test day for payment has arrived at any time after 30 days have elapsed since giving notice as provided in subsection (b) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state.
(b) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued."
Section 2. Said chapter is further amended by striking Code Section 48-3-19, relating to transfer of tax executions, and inserting in lieu thereof a new Code Section 48-3-19 to read as follows:
"48-3-19. (a) (1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection (c) of this Code section, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execution docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution.
(2) (A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are:
(i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and his successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor. (b) (1) The county governing authority of each county having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, executions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the portion of the taxes payable to the state and the portion of the discount applicable to the taxes due the state shall

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be absorbed by the county or municipality. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions.
(2) Whenever the official authorized to sell and transfer executions at a discount determines to do so, a schedule of the executions to be so transferred, together with the name of the person or corporation to whom or to which the executions are to be transferred and the discount to be allowed, shall be furnished in writing to the officer charged by law with the duty of enforcing the executions to be transferred. Upon receipt from the purchaser so designated of the amount of the principal, interest, and costs then due on the executions less the discount specified in the written notice, the officer charged by law with the duty of enforcing the executions shall transfer and deliver the executions to the person or corporation making the payment. The transfers shall recite as the consideration for the transfer the receipt of the full amount of the executions as though no discount had been allowed. The transfers shall vest in the
transferee and his or its successors and assigns the full priority of the lien and all of the rights and powers for enforcing the executions and collecting the full amount of
the executions including principal, interest, and costs which were at the time of the transfer possessed or held by the state, county, city, or municipality by, for, or in the name of which the executions were issued. The transferee and its successors and
assigns shall be subrogated to all of the rights and powers with respect to the executions possessed by, or which would thereafter accrue to, the state, county, municipal-
ity, or city by, for, or in the name of which the executions were issued, had no transfer been made. The lien of the executions shall not be divested by any sale under any other process, judicial or otherwise, or by any sale to satisfy any prior or any subse-
quent tax lien, if the transferee has the executions entered on the general execution docket of the superior court of the county in which the executions were issued and,
if the person against whom the same were issued resides in a different county, then also in the county of such person's residence within 30 days of the date of the trans-
fers. In default of the required entry, the executions shall lose their lien upon any property which has been transferred in good faith and for a valuable consideration
before the entry and without notice of the existence of the executions. (3) Nothing done or omitted to be done by any officer or employee of the state,
county, city, or municipality by, for, or in the name of which the executions so sold and transferred were issued shall prevent or in any way interfere with the collection of the full amount of the principal, interest, and costs due on, and in accordance with
the terms of, the executions. No person liable for the payment of the taxes represented by the executions or desiring for any reason to pay such taxes shall be entitled
to any credit or benefit from or on account of the discount allowed to the transferee of the executions. The collection of the executions shall not be defeated for any reason
except upon proof that the tax has been paid or that the property on which the tax was assessed is exempt from taxation under the laws of this state.
(4) Tax executions sold and transferred at a discount in accordance with this sub-
section shall not be enforced by levy within three months of the date of the transfer. Nothing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the executions or to interfere with the collection of the executions
in any manner other than by levy of the executions.
(c) No person may pay a tax execution and thereby become the transferee of such execution as provided in subsection (a) of this Code section unless and until such person
has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 30 days have elapsed since the
giving of such notice. (d) The person to whom a tax execution is transferred as provided in this Code
section or his successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount
paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum."

MONDAY, MARCH 7, 1988

2421

Section 3. This Act shall become effective July 1, 1988, and shall apply with respect to executions transferred on or after said effective date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Crosby of the 150th moved that the House agree to the Senate substitute to HB 1280.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman 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 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 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 Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows Y Milam
N Milford Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 145, nays 1.

The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock
Y Padgett Pannell
Y Parham Parrish
Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves 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 Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Tolbert
Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Watson
Y Watts White
Y Wilder
Y Williams,B Y Williams.J Y Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

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 Senate substitute was read:

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

2422

JOURNAL OF THE HOUSE,

automated dialing equipment or are made through the United States mail; to make it unlawful for users of certain telephone numbers to solicit calls to such telephone numbers through the use of certain automated dialing equipment or through the use of the United States mail; to provide for enforcement; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, is amended by adding at the end thereof a new Code Section 46-5-24 to read as follows:
"46-5-24. (a) As used in this Code section, the term: (1) 'ADAD equipment' means any device or system of devices which is used,
whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the number so selected or dialed.
(2) '976 number' means any seven-digit telephone number the first three digits of which are 976 or any other combination of numbers and for which a per-call fee is charged for calling such telephone number. (b) (1) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of soliciting any person to call such 976 number.
(2) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of the United States mail for the purpose of soliciting any person to call such 976 number. (c) No telephone exchange company shall provide access to a 976 number or numbers to any person who solicits calls to such number or numbers through the use of ADAD equipment or through the use of the United States mail. The telephone exchange companies shall, upon the order of the commission, withdraw access to a 976 number or numbers from any person if calls to such number or numbers are solicited by ADAD equipment or are solicited through the use of the United States mail. (d) The provisions of this Code section shall supersede any rule, regulation, or order governing the use of 976 numbers if such is in conflict with this Code section. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section. Any person who violates any provision of this Code section shall be subject to disconnection of 976 number telephone service if the commission determines that any violation has occurred and upon the commission's, thereafter, issuing an order directing such disconnection. (e) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Steinberg of the 46th moved that the House agree to the Senate substitute to HB 1284.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon

Y Atkins
Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M

Y Beck
Y Benefield Y Benn
Birdsong
Y Bishop 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 Y Clark.L

MONDAY, MARCH 7, 1988

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
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 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 Y McDonald Y McKelvey
McKinney Y Meadows YMilam Y Milford Y Mobley Y Moody Y Moore Y Mortpn
Mostiler Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orrock Y Padgett
Pannell Y Parham
Parrish Y Patten Y Peters Y Pettit Y Phillips

On the motion, the ayes were 156, nays 0.

The motion prevailed.

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
Robinson Y Royal Y Selman Y Shepard Y Sherrod
Shnpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow

2423
Y Stancil Stanley
Y Steinberg Y Stephens Y Thomas.C Y 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
Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

HB 1292.

By Representative Prichard of the 8th:
A bill to amend Code Section 24-10-25 of the Official Code of Georgia Annotated, 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.

The following Senate substitute was read:

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 provide that subpoenas may be enforced by attachment for contempt as provided in paragraph (5) of Code Section 15-6-8; to change the provisions relating to witness fees for certain law enforcement officers; 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 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, is amended by striking subsection (a) of Code Section 24-10-25, relating to enforcement of subpoenas, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Subpoenas may be enforced by attachment for contempt and by fine net exceeding $300.00 and imprisonment net exceeding 26 days as provided in paragraph (5) of Code Section 15-6-8. In all cases under this Code section, the court shall consider whether under the circumstances of each case the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required."
Section 2. Said part is further amended by striking Code Section 24-10-27, relating to witness fees for certain law enforcement officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows:

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JOURNAL OF THE HOUSE,

"24-10-27. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that 3.tt6ndfliicG wfls r6Quir6d during the hours other tfi&H the re^ulfti1 duty hours cO which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director ef the Georgia Bureau of Investigation, the commanding officer oi the vjCorf*ifl otote r fttroi^ the cniet of police > the shenii, the superintendent of the institution, the director ef public safety ef- a eeHege or university, or the state fife marsnsi or the locfli lire chiet shtii ceptiiy thflt the dftimftnt hss been psid no ftdd111on&1 compensation net given any time off en account ef such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty news to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attend&nc6 wss reQuired during the hours other thsn the reui&F duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director ef- the Oeorfjift oUFesu of invcsti^fltion, the comm&ndinj^ otiicer of the tjeor^ift otftte .rfltrotj the chief ef police, the sheriff, the superintendent ef ^the institution, r -the director of puuiic saicty or a college or university snail ccrtity Lnflti tnc claimant nas been paid ne additional compensation ner given any time eff en account ef such service. The amount due shall be paid by the party obtaining the subpoena.
(2) Any law enforcement officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the law enforcement duties of such officer, shall be compensated as provided in Code Section 24-10-24.
(c) The fees specified by subsections (a) and (b) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending
such court pursuant to the writ of subpoena."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 7, 1988

2425

Representative Prichard of the 8th moved that the House agree to the Senate substitute to HB 1292.
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 N Atkins Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn N Birdsong Y Bishop Y Bostick Y Branch N Brooks Y Brown YBuck Y Buford YByrd N Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Clark.B N Clark.H Y Clark,L N Colbert

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

Y Holmes Y Hooks Y Hudson N 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 N Linder YLong YLord N Lucas Y Lupton Y Mangum N Martin
Y McCoy McDonald
Y McKelvey Y McKinney Y Meadows
YMilam N Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 122, nays 33.

The motion prevailed.

Mostiler
N Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Peters Y Pettit N Phillips
Pinks ton Y Pittman Y Porter Y Powell Y Prichard
Rainey
Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves N Redding
Y Richardson Y Ricketson Y Robinson
N 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 Y Stanley Y Steinberg Y Stephens
Y Thomas.C N Thomas.M Y Thompson Y Thurmond Y Tolbert N Townsend N Triplett Y Twiggs N Waddle Y Waldrep
Walker.C Walker,L Y Wall Ware N Watson
Y Watts White
N Wilder Y Williams,B N Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy ,Spkr

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 participation in professional development programs.

The following Senate substitute was read:

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 the payment of stipends for participation in professional development programs; to change provisions relative to staff development plans; 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 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by striking paragraph (3)

2426

JOURNAL OF THE HOUSE,

of subsection (a) of Code Section 20-2-167 in its entirety and inserting in lieu thereof the following:
"(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development en programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. If a local school system expends any portion of its professional development stipends for staff development programs pursuant to subsection (g) of Code Section 20-2-182, the 90 percent amount calculated under this subsection shall be increased by 90 percent of that amount of professional development stipends funds expended for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (g) of Code Section 20-2-182."
Section 2. Said article is further amended by striking subsection (g) of Code Section 20-2-182, relating to program weights reflecting funds for salaries, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used for activities occurring during the period of the fiscal year that an employee is under contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for this purpose these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff

MONDAY, MARCH 7, 1988

2427

development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 3. Said article is further amended by striking Code Section 20-2-232, relating to staff development plans, and inserting in lieu thereof a new Code Section 20-2-232 to read as follows:
"20-2-232. Each local school system shall develop an annual a three-year projected comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. This plan shall be reviewed and updated annually. The annual projected comprehensive staff development plan shall provide for programs designed to address deficiencies needs of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Each system is encouraged to collaborate with institutions of higher education, the Georgia Education Leadership Academy, regional educational service agencies, the State Department of Education, and other school systems to develop more effective and efficient programs to meet the needs of the system and individuals within the system."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substitute to HB 1539.
On the motion, the roll call was ordered and the vote was as follows:

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

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 Edwards Y Felton
Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard Y Hensley Y Herbert
Holcomb

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

On the motion, the ayes were 143, nays 1.

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M Or rock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves
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
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
Walker.C Walker.L
YWall Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams,J
Y Wilson Wood
Y Workman Y Yeargin
Murphy.Spkr

2428

JOURNAL OF THE HOUSE,

The motion prevailed.

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

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

HB 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 commissioners, vice mayor-chairpersons, and mayor-chairperson; shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.

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

HB 1914.

By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.

HB 1916.

By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia.

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

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 Senate substitute was read:

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

MONDAY, MARCH 7, 1988

2429

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 providing technical education, adult education, and general educational development programs; 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 Literacy 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, provisions, and personnel positions presently used by the Department of Education to administer adult literacy and general educational development programs; to redesignate the provisions relating to postsecondary technical education; 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 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 reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisitions of real property by the State Properties Commission, so as to change certain exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 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 education 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. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval 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 graduation 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.

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JOURNAL OF THE HOUSE,

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 congressional district and five at-large appointments. Members shall represent business, industry, or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired 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, however, 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, individuals, 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 employment and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level; and
(G) Establish local boards of directors for postsecondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic 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 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 accessible by all segments of the adult population who need and can benefit from training,

MONDAY, MARCH 7, 1988

2431

retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the State Merit System are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, 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 education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, 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 administration and to other state and local agencies to be used for career, occupational, and vocational education.
(9) Any other Code section of this article 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 decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the

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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 responsive to the occupational education and training needs of business, industry, and students and which enhances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign
and delegate to the executive director such responsibilities, powers, and duties as the
State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the
State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the oper-
ation of the State Board of Postsecondary Vocational Education. (15) Newly hired professional personnel employed for the first time by the State
Board of Postsecondary Vocational Education on 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 personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-
technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System
of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees of the
option provided for by this paragraph so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their
employment. (16) All full-time employees of a postsecondary vocational-technical school formerly
operated by a local board of education or area postsecondary vocational education 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.

MONDAY, MARCH 7, 1988

2433

(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 no rights to salary
increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary
vocational education boards; (B) The salary earned as of July 1, 1987, or the date on which the state board
assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as
of the same date, provided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July
1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accord-
ance with the state board compensation plan; or (C) Employees of postsecondary vocational-technical schools formerly operated
by local boards of education or area postsecondary vocational-technical boards who
choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits
as provided by subparagraph (B) of this paragraph.
(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; provided, 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; provided, further, that the amount does not exceed the amount which would have been

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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 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 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
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 expenditure 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.

MONDAY, MARCH 7, 1988

2435

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 independent 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 Vocational 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 authorized 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 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 operating 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

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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 exercised in the discretion of the state board.
20-4-25. (a) Each person employed on a full-time basis by a state area trade, vocational, or industrial school shall be entitled to sick leave with full pay computed on the basis of 1 Vi 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 accumulated 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 exposure 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 modifying 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 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 development. 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, resignation, 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.

MONDAY, MARCH 7, 1988

2437

Such program shall also provide a system of schools which is a full partner in the 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;
(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 faculty 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 program achievement below the baccalaureate level; soliciting resources from the private 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:
(A) Exercise the overall supervision and direction of the Department of Technical 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 Technical 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 communicating 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;

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(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 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 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 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 mission 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, further, 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 performing 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 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 allowance 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 operational 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) Acquire, improve, and sell real or personal property in connection with student live work projects and to receive, retain, and utilize for such purposes donations,

MONDAY, MARCH 7, 1988

2439

student supply fees, and moneys generated as a result of the sale of such projects, provided that all acquisitions and sales of real property in connection with student live work projects shall be approved by the state board;
(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, regulations, 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 democratic 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 contain 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 article 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 certificate 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 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 programs for businesses, industries, adults, and out-of-school youths and shall annually request that the Governor recommend that the General Assembly make such appropriations 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, appropriated 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 consist of those public and private entities which meet applicable public or private standards 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 colleges and universities, public libraries, community education programs, or businesses and

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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 federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the
operation and management of 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 authorized 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 operational control over adult literacy education programs, postsecondary technical schools, and adult vocational centers.
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 education, 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 Education.
(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.

MONDAY, MARCH 7, 1988

2441

(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 otherwise 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, regulations, 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 Education 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 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.
20-4-26. All full-time employees of a postsecondary technical school formerly operated 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 irrevocable 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 transfer to different positions or locations shall become members of the unclassified service.

2442

JOURNAL OF THE HOUSE,

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 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 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 conditions 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 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 department 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; provided, 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 Personnel 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

MONDAY, MARCH 7, 1988

2443

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 Department 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 the 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
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 one year or teas t including 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 Beard Department of Technical and Adult Education shall administer the program under this article and shall provide for technical and engineering services, publicity for the program, instructional services, in-plant training analysis, rental of instructional facilities with necessary utilities, central warehousing and transportation 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 facilities and shall pay all instructional salaries in accordance with the salary schedule established by the state board in agreement with the local board of education without consideration of the salary schedule adopted for regular instructional personnel, provided 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

2444

JOURNAL OF THE HOUSE,

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 qualifications 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 Beard 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 beatd 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 beard 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 ,' 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 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 federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board."
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 PostaecondaryVocational 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. Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisitions of real property by the State Properties Commission, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:

MONDAY, MARCH 7, 1988

2445

"(a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boatlaunching ramps, and except for acquisitions of real property by the Department of Technical and Adult Education in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisitions of real property by the commission resulting from transfers of custody and control of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, all state agencies shall acquire real property through the commission."
Section 7. This Act shall become effective July 1, 1988.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Moore of the 139th moved that the House agree to the Senate substitute to HB 1403.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom
Y Bannister 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 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 Y Crosby Y Cummings,B
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 Greer
Gresham
Y Griffin 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 Lawrence Y Lawson YLee Y binder YLong YLord
Lucas 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 138, nays 0.

The motion prevailed.

Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips
Y Pinkston Y Pittman Y Porter
Powell
Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall
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 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
Townsend
Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Wilder Williams.B Y Williams.J Y Wilson Wood Y Workman Y Yeargin Murphy.Spkr

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 Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provisions relative to the automatic repeal of the chapter.

2446

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 1605 by adding after "attached" on Line 21 of Page 1, the words "for administrative purposes only,".

Representative Smyre of the 92nd moved that the House disagree to the Senate amendment to HB 1605.
The motion prevailed.

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

HR 1042. By Representative Mostiler of the 75th:
A resolution commending the Griffin High School "Bears" basketball team and inviting them to appear before the House of Representatives.

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

Mr. Speaker:

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

HR 928 Do Pass, by Substitute HR 1039 Do Pass

HR 1041 Do Pass HR 1042 Do Pass

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

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

HB 1557. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to 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 Senate substitute was read:

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 involving the creation or termination of a guardianship over property, a certified copy of the order of creation and the order of termination of such guardianship shall be filed in the county in which the real property is located; to provide for time limits; to change certain provisions with respect to the contents of certain petitions and orders; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2447

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 or termination of a guardianship over property where the proposed ward has an interest in 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; (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 property 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 pursuant 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 or termination of a guardianship over property where the proposed ward has an interest in real property, the name of the county in which such property is located; and {J} (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 counsel 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 property where the proposed ward has an interest in real property, a certified copy of the court's order granting such petition and, upon the termination of such guardianship, a certified 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 the real property is located within 30 days of the date of such order."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 1557.
On the motion, the roll call was ordered and the vote was as follows:

2448

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M
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 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 Y Colbert

Coleman Y Cohvell
Y Cornell 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 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 Y Herbert
Y Holcomb

Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y 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 153, nays 0.

The motion prevailed.

Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock Y Padgett
Pannell 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 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
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 Ware Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Wilson Wood Y Workman Y Yeargin Murphy,Spkr

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 Annotated, relating to creel and possession limits, so as to change certain provisions regarding limits applicable to American shad or Hickory shad.

The following Senate substitute was read:

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 following 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, 1993;".

MONDAY, MARCH 7, 1988

2449

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 Moody of the 153rd moved that the House agree to the Senate substitute to HB 1611.
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
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
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 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
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Heard Y Hensley Herbert Y Holcomb

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

On the motion, the ayes were 143, nays 0.

The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett
Pannell Parham Y Parrish Y Patten Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter 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 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
YTwiggs Y Waddle Y Waldrep
Walker.C 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

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 misdemeanor violations under the "Game and Fish Code" when the defendant waives a jury trial; to provide for other matters relative thereto.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the "Game

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and Fish Code" when the defendant waives a jury trial; to place certain limitations upon said jurisdiction; to provide for other matters relative thereto; to provide for application and for an effective date in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by adding immediately following Code Section 15-9-30.2 a new Code Section 15-9-30.3 to read as follows:
"15-9-30.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any law specified in Title 27 which is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. Provided, however, that such courts shall not have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants who are charged with:
(1) Violations of any such laws which are specified as being of a high and aggravated nature; or
(2) A first violation of hunting deer at night with the aid of a light under Code Section 27-3-2. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
Section 2. This Act shall apply to violations of misdemeanors under the "Game and Fish Code" which take place on or after July 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 4th moved that the House agree to the Senate substitute to HB 1647.
On the motion, the roll call was ordered and the vote was as follows:

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

YByrd Y Carrell
Carter Y Chambless Y 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 Cummings.B Cummings.M Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover

Dunn
Edwards Felton Y Ployd 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
Hasty Y Heard Y Hensley Y Herbert
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 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

McKinney
Y Meadows 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
Peters Y Pettit Y Phillips
Y Pinkston Pittman Porter

MONDAY, MARCH 7, 1988

2451

Powell
Y Prichard Rainey
Y Ramsey.T 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,?

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

On the motion, the ayes were 138, nays 0. The motion prevailed.

Y Thurmond
Tolbert Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Wall Ware

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

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 Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the economic development and enhancement of employment 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 Senate substitute was read:

A BILL
To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide for the development of trade, commerce, industry, and employment opportunities 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; to redefine the term "cost of the project" so as to include certain additional costs within the meaning of such term; to redefine the term "project" to include within the definition of such term coliseums and stadiums suitable for multipurpose use, including athletic events; to restate the corporate purposes of the Geo. L. Smith II Georgia World Congress Center Authority so as to include therein the exercise of its corporate powers with respect to such project; to authorize the authority to contract with users of the project on terms convenient to the authority, including the requirement that such users indemnify and hold the authority harmless in connection with such use; to authorize the authority to issue revenue bonds for certain of its purposes; to provide for the form, denomination, and other terms of the revenue bonds issued by the authority; to authorize the authority to establish the manner, price, and terms of sale; to limit the use of proceeds of revenue bonds; to authorize interim revenue certificates or bonds; to authorize the replacement of revenue bonds; to authorize the authority to issue revenue bonds in a single issue or in series; to authorize the authority to lease or to convey the right of access to or use of facilities acquired by revenue bonds and to contract with any lessee or other entity for the management of such facilities; to provide that the revenue bonds shall not constitute a debt of the state or its political subdivisions and shall be enforceable against the authority only to the extent of rents, revenues, earnings, and other funds pledged as security therefor; to authorize contracts between the authority and any county, municipal corporation, political subdivision, public corporation, or public authority relating to the project; to provide for security for revenue bonds issued by the authority; to authorize payment of the proceeds of revenue bonds issued by the authority to a trustee; to establish rights and remedies of revenue bondholders; to authorize the authority to use the financial advisory and construction related

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services of the Georgia State Financing and Investment Commission; to provide that the provisions of Chapter 22 of Title 50 shall be applicable to the project as redefined; to provide for refunding bonds; to authorize investment in and acceptance of revenue bonds of the authority by public officers and bodies and regulated institutions and industries; to provide for validation procedures; to declare the findings of the General Assembly that the activities of the authority are for public purposes; to provide for actions against the authority concerning revenue bonds issued by it; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade with the approval of the State Properties Commission to acquire land for the purpose of constructing certain projects; to authorize the Department of Industry and Trade to lease land acquired for certain projects to the Geo. L. Smith II Georgia World Congress Center Authority; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the "Geo. L. Smith II Georgia World Congress Center Act," is amended by striking Code Section 10-9-3, relating to definitions pertaining to the Geo. L. Smith II World Congress Center, which reads as follows:
"10-9-3. As used in this chapter, the term: (1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center
Authority. (2) 'Cost of the project' means the cost of construction, the cost of all lands, prop-
erties, 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; the cost of engineering, architectural, and legal expenses and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia.
(3) 'Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries, and attractions and to promote the agricultural, historical, recreational, and natural resources of the State of Georgia; individual meeting rooms with simultaneous translation facilities for several languages; and other related facilities for cultural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the project described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the 'Georgia World Congress Center.'" and inserting in lieu thereof a new Code section to read as follows: "10-9-3. As used in this chapter, the term:
(1) 'Authority' means the Geo. L. Smith II Georgia World Congress Center Authority.
(2) 'Cost of the project' includes:

MONDAY, MARCH 7, 1988

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(A) All costs of construction, purchase, or other form of acquisition; (B) All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the security of such franchises, permits, approvals, licenses, and certificates and the preparation of application therefor; (C) All machinery, equipment, furnishings, and fixtures required for such project; (D) Financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation; (E) Costs of engineering, architectural, and legal services; (F) Fees paid to fiscal agents for financial and other advice or supervision; (G) Cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determine the feasibility or practicability of the project; (H) Fees paid pursuant to the 'Georgia Allocation System' established by Article B of Chapter 82 of Title 36; (I) Fees for letters of credit, bond insurance, debt service or debt service reserve insurance, surety bonds, or similar credit enhancement instruments;
(J) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter;
(K) The repayment of any loans made for the advance payment of any part of such cost, including the interest thereon; and
(L) A fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized.
Any obligation or expense incurred for any of the purposes set forth in subparagraphs (A) through (L) of this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter.
(3) 'Project' means a comprehensive international trade and convention center suitable for multipurpose use for housing trade shows, conventions, cultural, political, musical, educational, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theatres; stadiums or coliseums and related athletic fields, courts or other surfaces, and clubhouses and gymnasiums; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionnaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. The project shall be located in the City of Atlanta and shall be known as the 'Geo. L. Smith II Georgia World Congress Center,' except that any facility included within the project may be otherwise designated by the authority. As used in this chapter, the project described by the term 'Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and referred to as the 'Georgia World Congress Center' and the authority may be referred to as the 'Georgia World Congress Center Authority.'"

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Section 2. Said chapter is further amended by striking Code Section 10-9-4 which reads as follows:
"10-9-4. The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbi-
tration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;
(2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs; (4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
(6) To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority;
(8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes;
(9) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the Constitution and laws of the State of Georgia;
(10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state;
(11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and
(12) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority.", and inserting in lieu thereof a new Code Section 10-9-4 to read as follows: "10-9-4. (a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the Department of Industry and Trade or others and engaging in such other activities as it deems appropriate to promote trade shows, conventions, political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state.
(b) The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;
(2) To have a seal and alter the same at its pleasure;
(3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and

MONDAY, MARCH 7, 1988

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personal property of every kind and character, or any interest therein, for its corporate purposes;
(6) To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority;
(8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes;
(9) To borrow money for any of its corporate purposes and to provide for the payment of same, as may be permitted under the Constitution and the laws of the State of Georgia;
(10) To issue revenue bonds as is more fully provided for in this chapter; (11) To contract with the state and its departments or any county, municipal corporation, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to undertake or provide; (12) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the State of Georgia; (13) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and (14) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority. (15) The term 'stadium' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in financing shall not exceed 30 per cent of the cost of the project, including the purchase of land, construction of the stadium, and the operation thereof."
Section 3. Said chapter is further amended by striking Code Section 10-9-14, relating to fixing rentals and fees, and inserting in lieu thereof a new Code Section 10-9-14 to read as follows:
"10-9-14. (a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.
(b) The authority may establish the terms and conditions upon which any lessee, sublessee, licensee, user, exhibitor, concessionnaire, franchisee, or vendor shall be authorized to use the project as the authority may determine necessary or appropriate. The authority may by contract require any such person or entity to indemnify and hold harmless the authority and its officers, agents, or employees from the claims for personal injury or property damage or loss of such person or others employed by or admitted to the project or any of its facilities by such person arising out of or in connection with

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such use of the project from any cause, including negligence of the authority, its officers, agents, or employees, notwithstanding any other provision of law, including but not limited to subsection (b) of Code Section 13-8-2."
Section 4. Said chapter is further amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
10-9-40. The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this article in excess of the cumulative principal sum of $200 million but excluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and to use the proceeds thereof for the purpose of paying all or part of the costs of the project to the extent but only to the extent the costs are incurred for the following facilities: multipurpose stadiums or coliseums and related athletic fields, courts, or surfaces, and clubhouses and gymnasiums; facilities for the purveying of goods and services within such stadiums or coliseums; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; and related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to such facilities and the extension, addition, or improvement of such facilities, which facilities are to be operated as part of the project, as such facilities shall be designated in the resolution of the board of governors of the authority authorizing the issuance of such bonds.
10-9-41. (a) The revenue bonds of each issue shall be dated, shall bear interest, 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 revenue bonds.
(b) The authority shall determine the form of the revenue bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the revenue bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state.
10-9-42. In case any officer whose signature or facsimile signature appears on any revenue bonds ceases to be an officer before the delivery of the revenue bonds, the signature or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. All such revenue bonds shall be signed by or bear the facsimile signature of the chairman or vice chairman of the board of governors of the authority, and the official seal of the authority shall be affixed thereto and attested by or bear the facsimile signature of the secretary or assistant secretary of the authority; and any bond may be signed, sealed, and attested on behalf of the authority by any such persons as at the actual time of the execution of the revenue bonds shall be duly authorized or hold the proper office, although at the date of the issuance of the revenue bonds such person may not have been so authorized or shall not have held such office. The facsimile signature of any officer of the authority may be imprinted in lieu of manual signature if the authority so directs.
10-9-43. The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
10-9-44. The authority may sell the revenue bonds in such manner at public or private sale and for such price, rate of interest, and other terms as it may determine to be in the best interest of the authority. The rate of interest may be a fixed or variable rate, but if the rate is a variable rate, a maximum per annum rate of interest shall be specified in the authorizing resolution and in the validation proceeding.
10-9-45. The proceeds of the revenue bonds shall be used solely for the payment of the cost of the facilities designated by the resolution authorizing the issuance of such

MONDAY, MARCH 7, 1988

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revenue bonds. The resolution authorizing the issuance of revenue bonds may provide that the proceeds thereof shall be disbursed upon requisition or order of the chairman of the authority or other designated officer of the authority under such restrictions, if any, as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the facility or combined facilities, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, additional revenue bonds may in like manner be issued to provide the amount of the deficit which, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the revenue bonds first issued for the same purpose. If the proceeds of the revenue bonds of any issue shall exceed the amount required for the purpose for which such revenue bonds are issued, the surplus shall be used for one or more of the following purposes:
(1) Payment into the fund provided in Code Section 10-9-51 for the payment of principal and interest of such revenue bonds; or
(2) For the purchase of such revenue bonds in the open market.
10-9-46. Prior to the preparation of definitive revenue bonds, the authority may, under like restrictions, issue interim revenue receipts, interim revenue certificates, or temporary revenue bonds exchangeable for definitive revenue bonds upon the issuance of the latter.
10-9-47. The authority may also provide for the replacement of any revenue bond which becomes mutilated or is destroyed or lost upon receipt of such indemnification as it may deem appropriate.
10-9-48. The revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article and Article 1 of this chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, facilities described in Code Section 10-9-40 and in the resolution authorizing the issuance of such bonds. Any resolution providing for the issuance of revenue bonds under this article shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the board of governors of the authority.
10-9-49. (a) The authority shall be authorized to lease the facilities financed by the issuance of revenue bonds as authorized by this article to one or more persons, firms, private corporations, authorities, counties, municipal corporations, public corporations, public authorities, or other political subdivisions of this state under one or more leases covering all or such separately identified portions of the facilities as the authority may determine appropriate. The term of any such lease shall be for not more than 50 years from the date on which construction of the facilities shall be substantially complete and the lease shall not provide for any extension or renewal of the term. The lease or leases shall require the lessee or lessees to pay rentals in an aggregate amount which, together with other revenues, earnings, and funds available to the authority for such purposes, are at least sufficient to pay the principal, interest, premiums, discounts, fees, costs, or expenses payable by the authority on or with respect to all of the revenue bonds and other obligations issued by the authority for the purpose of financing such facilities covered by such lease or leases as such principal, interest, premiums, discounts, fees, costs, or expenses shall become due and may otherwise require the lessee or lessees to indemnify and hold harmless the authority of and from the payment of such principal, interest, premium, discount, fees, costs, or expenses with respect to the revenue bonds. The obligation of the lessee or lessees to the authority shall be secured in such manner as the authority shall determine appropriate. The lease or leases may provide that the authority may be subrogated to and may at its election upon such terms as may be set forth in such lease or leases enforce all contracts or rights of action of such lessee or lessees relating to or arising out of the operation of the facilities covered by such lease

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or leases. Any such lease or leases shall contain such other terms and conditions as the authority may determine appropriate.
(b) Any such lease may require that the lessee shall contract with the authority for the management and operation of the facilities by the authority upon such terms as the authority may deem reasonable and appropriate. The authority may in any event contract with the lessee or lessees for the management and operation of the facilities covered by such lease or leases. No such contract with the authority by any lessee shall operate to extinguish any lease or to merge the authority's separate rights, interests, or obligations under its separate contracts.
(c) As used in this article, 'lease' includes a lease or sublease and may, in the discretion of the authority, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. The term 'lessee' includes lessee or sublessee, tenant, licensee, concessionnaire, or other person contracting for such estate, interest, right, or privilege.
(d) In the exercise of its powers under this chapter, including the powers under this article, the authority may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
(e) Pursuant to any such contract, in connection with any facility authorized under this article, the authority may undertake such facility or provide such services or facilities of the authority, in whole or in part, to or for the benefit of the public entity contracting with the authority with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution and Chapter 61 of Title 36, and any such contracting public entity is authorized to undertake to pay the authority for such activities, services, or facilities such amounts and upon such terms as the parties may determine.
(f) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to contract with the authority in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the authority.
(g) In connection with its operations, the authority may similarly obtain from, and each public entity may provide, such activities services or facilities which the authority is authorized to provide.
(h) Except as provided by Article VII, Section IV, Paragraph IV of the Constitution, any such contract authorized by this Code section or the revenues derived therefrom
may be designated as security for revenue bonds issued under this article. 10-9-50. (a) (1) Revenue bonds issued under the authority of this article shall not
be deemed to constitute a debt of the state or a pledge of the faith and credit of the state or of any city or county of the state. The bonds shall be enforceable against the
authority only to the extent of, and only against funds derived from, the rents, revenues, earnings, and funds:
(A) Payable to the authority by the lessee or lessees and received by the author-
ity from the lessee or lessees under the lease or leases by the authority of the facili-
ties acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds;
(B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the pro-
ceeds of the revenue bonds or the use thereof or services provided through such
facilities, which are designated as security for the revenue bonds;

MONDAY, MARCH 7, 1988

2459

(C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated as security for such bonds; and
(D) As may otherwise be designated as security for such bonds which are derived from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities. The bonds shall be payable solely from the rents, revenues, earnings, and funds described in this paragraph, except that the bonds may, in addition and in the discretion of the authority, be paid in part by the authority from any other source of funds lawfully available to the authority for that purpose. The authority shall not be obligated in any way, however, to make any payments from any such other source of funds.
(2) The issuance of the revenue bonds shall not directly or indirectly or contingently obligate the state, or city or county of the state to continue or to levy or pledge any form of taxation whatsoever therefor or to continue or make any appropriation for the payment thereof. Revenue bonds issued under the authority of this
article shall not be payable from or a charge upon any funds other than those pledged to the payment thereof nor shall the authority be otherwise directly or indirectly
subject to any pecuniary liability thereon. Except as provided in this article, a holder or holders of any such revenue bonds, directly or through any trustee or receiver, shall not have the right to enforce payment thereof against the authority or any property of or any right of action of or against the authority nor shall any such revenue bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of or
any right of action of or against the authority. (b) Notice of the limitations of this Code section shall be set forth on the face of
the revenue bonds which shall further provide that the obligations of the authority thereunder are limited by the provisions of this article.
10-9-51. (a) Subject to the limitations set forth in this chapter, the authority shall be authorized to provide, directly or through lessees of the project, such security for revenue bonds issued by it as it may determine appropriate.
(b) (1) Without limitation of the provisions of subsection (a) of this Code section, in the discretion of the authority, any issue of revenue bonds may be secured by a
trust indenture by and between the authority and a corporate trustee, which may be
any trust company or bank having the powers of a trust company within or outside the state. The trust indenture may pledge or assign rents, revenues, earnings, and funds received by the authority:
(A) Payable to the authority by the lessee or lessees and received by the authority from the lessee or lessees under the lease or leases by the authority of the facili-
ties acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds;
(B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds;
(C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated
as security for such bonds; and (D) As may otherwise be designated as security for such bonds which are derived
from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities.
(2) Either the resolution providing for the issuance of the revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights
and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the
acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, manner of dis-
bursements, and application of all moneys and may also provide that any facility shall be constructed and paid for under the supervision and approval of consulting engi-
neers or architects employed or designated by the authority. The resolution or the

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trust indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing revenue bonds and debentures of corporations. (c) The resolution or trust indenture may provide that the rents, revenues, earnings, and funds which are designated as security for the revenue bonds shall be set aside into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon the revenue bonds as the interest falls due; (2) The principal of the bonds as the same falls due;
(3) The necessary charges of paying agents for paying principal and interest;
(4) Any premium upon bonds retired by call or purchase as provided in this article; and
(5) Any fees, costs, or expenses payable under the revenue bonds or trust indentures.
(d) The use and disposition of the sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in the resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the resolution authorizing the issuance of the revenue bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of such revenue bonds; and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued.
10-9-52. Any holder of revenue bonds or interest coupons thereon issued under this article, any receiver for such holders, or any indenture trustee, if there is any, except to the extent the rights given in this article may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this article or under such resolution or trust indenture and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof. In the event of default upon the principal and interest or other obligations of any revenue bond issue, any such holder, receiver, or indenture trustee shall be subrogated to each and every right of collecting rentals, revenues, earnings, or funds by the authority which the authority may possess under contracts designated as security therefor, and, in the pursuit of its remedies as subrogee, may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceeding due and owing to the authority and pledged or partially pledged to the benefit of the revenue bond issue. No individual, receiver, or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such revenue bond or the interest thereon or otherwise to enforce the payment thereof against the state or the authority or any property of the state or authority, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state or authority except the rents, revenues, earnings, and funds designated as security for the revenue bonds. In addition to the foregoing, the resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders subject to the limitations otherwise stated in this article. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of the project affected by the indenture.
10-9-53. The authority may, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who shall act as trustee or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same

MONDAY, MARCH 7, 1988

2461

to the purposes set forth in or through this article, subject to such regulations as this article and Article 1 of this chapter as the resolution or trust indenture may provide.
10-9-54. The authority shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the issuance of revenue bonds and the investment and disposition of the proceeds thereof and the acquisition, design, planning, and construction of the facilities designated in the resolution authorizing the issuance of the revenue bonds. The reimbursement by the authority of the commission for services provided by the commission shall be considered as part of the costs of the project. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof constructed in whole or in part with any proceeds from the sale of revenue bonds authorized by this article.
10-9-55. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this article and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, and maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by this article insofar as the same may be applicable.
10-9-56. The revenue bonds authorized by this article are made securities in which all public officers and bodies of this state and all municipalities and all political subdivisions of this state; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, financial institutions, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons who are authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The revenue bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions of this state for any purpose for which the deposit of the bonds or other obligations of this state may be authorized.
10-9-57. (a) Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The revenue bonds and any security therefor when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and any security therefor and against the authority issuing the same and any person, firm, corporation, county, municipality, authority, subdivision, instrumentality, or other agency contracting with the authority and any and all other persons who were or could have become parties to the proceedings.
(b) Revenue bonds issued by the authority shall not be subject to the limitations of term or interest set forth in the 'Revenue Bond Law' or any other law.
(c) Notwithstanding the provisions of the 'Revenue Bond Law,' in its resolution authorizing the issuance of revenue bonds, the authority, in its discretion, in lieu of specifying the rate or rates of interest which the revenue bonds are to bear, may state that the bonds when issued will bear interest at a rate or rates which may be fixed or variable, not exceeding a maximum per annum rate of interest specified in the resolution. The petition, complaint, notice to the district attorney, and notice to the public required to be filed or published under the 'Revenue Bond Law' shall conform to the resolution authorizing the issuance of the revenue bonds.
10-9-58. It is found, determined, and declared that the carrying out of the purposes of the authority as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. The state covenants

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with the holders of the revenue bonds that the authority shall be required to pay no taxes or assessments of the state or its municipalities or political subdivisions upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision or upon its activities in the acquisition, construction, operation, or maintenance of the facilities erected or acquired by it, including the purchase of tangible personal property for such purposes, or any fees, rentals, or other charges, for the use of such facilities, or any other income received by the authority. Further, the state covenants that the revenue bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions. Any exemption from taxation provided by this Code section shall not include exemption from sales and use taxes on sales made by the authority in transactions or to persons not otherwise exempt therefrom.
10-9-59. Revenue bonds issued under the authority of this article shall not be a security within the meaning of, and shall not otherwise be subject to any of the provisions of, Chapter 5 of this title, the 'Georgia Securities Act of 1973.'
10-9-60. Any action to protect or enforce any rights under this article shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under this article shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions."
Section 5. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3
50-7-40. The Department of Industry and Trade is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.
50-7-41. In addition to its authority and duties provided under Code Section 10-9-5, the department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-40 to the Geo. L. Smith II Georgia World Congress Center Authority for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease shall be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Fiscal Division of the Department of Administrative Services and in further consideration of the reasonable compliance by the authority with the requirement that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consideration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens."
Section 6. No state funds shall be used to construct a domed stadium or to service the debt thereon. Any funds appropriated to the project in the Supplemental Appropriations Bill, 1988 Session, shall be used for the purchase of land only.
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.

Representative Smyre of the 92nd moved that the House agree to the Senate substitute to HB 1691.

MONDAY, MARCH 7, 1988

2463

On the motion, 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
N Atkins Y Bailey
Balkcom
N Bannister Y Bargeron
Y Barnett,B N 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 N Clark.H
Clark.L Colbert

Coleman Y Colwell Y Connell
Couch YCox Y Crawford
Y Crosby Y Cummings,B
Cummings.M N Davis.G
Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y F!oyd Y Foster Y Galer Y Godbee N Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard N Hensley
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 N Kingston Y Lane.D Y Lane,R
Langford Lawler N Lawrence Y Lawson YLee N Linder
YLong YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 125, nays 22.

The motion prevailed.

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

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

HB 1914.

By Representatives Byrd of the 153rd, Smith of the 152nd and Moody of the 153rd:
A bill to amend an Act creating the Brantley County Development Authority, so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide for other matters relative to the foregoing.

The following Senate substitute was read:

A BILL
To amend an Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), so as to change the provisions relating to the membership of the authority; to change the provisions relating to the qualifications and appointment of members; to provide procedures to declare a vacancy in the position of a member under certain circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Brantley County Development Authority, approved April 10, 1968 (Ga. L. 1968, p. 3488), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:

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JOURNAL OF THE HOUSE,

"Section 2. There is created a body corporate and politic to be known as the 'Brantley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of eight members who shall be residents of Brantley County and not less than 21 years of age at the time of appointment. In making the nominations and appointments of members of the authority not more than one member should be selected from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the approval of this Act the Board of Commissioners of Brantley County shall appoint eight members of the authority. For the first appointment the county commission shall appoint two persons for one year, two for two years, two for three years, and two for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. If a member of the authority fails to attend three consecutive meetings of the authority, it shall be the duty of the remaining members of the authority to notify the Board of Commissioners of Brantley County of such fact. The Board of Commissioners of Brantley County shall inquire into the reasons for such absences, and if, in the sole discretion of the board of commissioners, the board determines that such member is unable to perform his or her duties or is unwilling to do so, the board of commissioners may declare that a vacancy exists on the authority. In the event any vacancy occurs the board of county commissioners shall fill, by appointment, such vacancy, for the unexpired term. A member shall be eligible for reappointment. The authority shall elect a chairman, a vice-chairman, and a secretary-treasurer or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the authority. One county commissioner selected by the county commissioners shall be ex officio member of the authority. The members of this authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 153rd moved that the House agree to the Senate substitute to HB 1914.
On the motion the ayes were 120, nays 0.
The motion prevailed.

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 Annotated, relating to the certification by the State Board of Education of professional personnel employed in the public schools of Georgia, so as to provide for fees to be paid by applicants for certification or renewal.

The following Senate amendment was read:

Amend HB 1714 by adding a new section (B) on line 25, Page 1, to read as follows:
(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university ...................................$20.00
Change present section (B), (C), (D), (E), and (F) to (C), (D), (E), (F), and (G).

Representative Athon of the 57th moved that the House agree to the Senate amendment to HB 1714.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 7, 1988

2465

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

Coleman N 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
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
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 Y Langford
Lawler Y Lawrence N 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
Mobley Y Moody Y Moore
N Morton

On the motion, the ayes were 140, nays 15.

The motion prevailed.

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

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

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

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

Representative Thomas of the 69th moved that the House insist on its position in substituting SB 197.
The motion prevailed.

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

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

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

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JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Garner of the 30th, Harrison of the 37th and Barnes of the 33rd.

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

HR 1042. By Representative Mostiler of the 75th:
A resolution commending the Griffin High School "Bears" basketball team and inviting them to appear before the House of Representatives.

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 532. By Senator Coverdell of the 40th:
A bill to amend Code Section 31-3-2.1 of the Official Code of Georgia Annotated, 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.

Representative Martin of the 26th moved that the House adhere to its position in substituting SB 532 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 Martin of the 26th, Coleman of the 118th and Walker of the 115th.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

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

HB 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 commissioners, vice mayor-chairpersons, and mayor-chairperson; shall also exercise the rights, powers, and duties of the City of Augusta as the governing authority of said city.

The following Senate amendment was read:

Amend HB 1220 by striking from line 5 of page 1 the words "charter for" and substituting in lieu thereof the words "charter of".
By striking from line 20 of page 1 the words "duties and" and substituting in lieu thereof the following:

MONDAY, MARCH 7, 1988

2467

"duties, and".
By striking from line 14 of page 3 the number "3" and substituting in lieu thereof the number "4".

Representative Connell of the 87th moved that the House agree to the Senate amendment to HB 1220.
On the motion the ayes were 120, nays 0.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Annotated, 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.

The following Senate substitute was read:

A BILL
To amend Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, so as to provide that an appeal taken from a decision of the State Board of Workers' Compensation to a superior court shall be heard by such court within 60 days from the date the appeal is filed or the decision of the board shall be considered affirmed by the court; to provide an exception; to provide for editorial changes; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, is amended by striking Code Section 34-9-105, relating to the procedure for appeal from a decision of the board, in its entirety and inserting in its place a new Code Section 34-9-105 to read as follows:
"34-9-105. (a) Any award of the administrative law judge provided for in Code Section 34-9-1027 with respect te for which no timely application for a review thereof is has been filed t dw time, or an any award of the members of the board ef deputy directors upon such review as provided 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.
(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 members of the board er deputy directors, 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 outside the state, to the superior court of the county in which the original hearing was had held, in tn6 Hisnnsr ftcpc&rtcp outlined, find upon trie Ioilowtn grounds! tnc flnci upon tn6 grounds provided in this Code section. Any party conceiving himself te be aggrieved may

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JOURNAL OF THE HOUSE,

file an application in writing with the board asking for an appeal from any such order or decree, final decision of the board and stating generally the grounds upon which such appeal is sought. In the event such of an appeal^ is filed, the board shall, within 30 days from of the filing^ of the appeal, cause transmit certified copies of all documents and
transmitted with its findings and order er decree in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause case 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 upon assignment of the case for hearing by the court. Such court shall set a date for a hearing and hear the case within 60 days from the date the appeal is filed and shall render a decision thereon within ten days thereafter. If such decision is not rendered within the above time limit set forth, the decision of the board shall be considered affirmed.
(c) The findings of feet made by the members within their power powers shall, in the absence of fraud, be conclusive; but upon such hearing the court shall set aside the order er decree of the members decision if it is found that:
(1) The members acted without or in excess of their powers; (2) The order er decree decision was procured by fraud; (3) The facts found by the members do not support the order er decree decision; (4) There is not sufficient competent evidence in the record to warrant the members making the order or decree complained of decision; or (5) The order or decree decision is contrary to law. (d) No order or decree decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated above. If not set aside upon one or more of the grounds or, if the hearing is not held and a decision rendered within the time provided in subsection (b) of this Code section, the court shall affirm the order, judgment, decree, or decision of the board so appealed from. Upon the setting aside of any such order; decree, or decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court. (e) Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from a order or decree a decision of the board to the superior court may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law. In case of an appeal from the decision of the board, the appeal shall operate as a supersedeas if the employer has complied with the provisions of this chapter respecting insurance; and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed until such questions at issue therein shall have been fully determined in accordance with this chapter."
Section 2. This Act shall become effective on July 1, 1988, and shall apply to all awards or decisions of the administrative law judges or members of the State Board of Workers' Compensation issued on or after 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:

Representatives Thomas of the 69th and Chambless of the 133rd move to amend the Senate substitute to HB 1438, as follows:

MONDAY, MARCH 7, 1988

2469

By striking on Page 2, Lines 31-34 in their entirety and on Page 3, Lines 1-4 in their entirety and substituting in lieu thereof the following:
"for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days from the date the appeal is filed, the decision by the board shall be considered affirmed by the court unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date the appeal is filed because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing."

Representative Thomas of the 69th moved that the House agree to the Senate substitute, as amended by the House, to HB 1438.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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 Annotated, 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 Senate substitute was read:

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 the powers of the State Board of Education with regard to certain asbestos management plans; to provide for local board meetings; to change the provisions relating to local school superintendents; to provide that certain children in the custody of the Department of Human Resources or placed in facilities by that department will be eligible for a free public education and provide conditions, procedures, and funding relating thereto; to authorize handicapped children to use certain types of funds; to change certain internal cross-references; to change certain definitions relating to program counting; to provide for evaluations; to provide for training programs; to provide for certain lists and reports; to provide for substitute teachers; to change certain dates; to provide that in certain counties certain school security personnel may be authorized by a local board of education to carry certain firearms or weapons for the purpose of carrying out law enforcement duties; 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting at the end of Article 1 of Chapter 2 a new Code section to read as follows:
"20-2-19. (a) The Governor may designate the State Board of Education to receive and review asbestos management plans of local boards of education and of owners of private, nonprofit elementary and secondary school buildings, as provided in the federal Asbestos Hazard Emergency Response Act of 1986, 100 Stat. 2970, P.L. 99-519, amending P.L. 99-469, hereinafter referred to as 'AHERA.' Any such designation by the Governor prior to the effective date of this Code section is ratified and affirmed and shall have effect from the date thereof.

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(b) The State Board of Education may receive and disapprove such plans upon the grounds stated in and as provided in AHERA.
(c) The State Board of Education may apply for, accept, and disburse federal funds to local boards of education and to owners of private, nonprofit elementary and secondary school buildings for activities involving the preparation and implementation of asbestos management plans. The State Board of Education may apply for, accept, and utilize federal funds for its activities under this Code section, including the training and accreditation of staff.
(d) The State Board of Education shall prescribe such policies, rules, regulations, and standards as it deems appropriate to carry out purposes of AHERA.
(e) The State Board of Education shall have the authority to adopt an accreditation program and accredit persons who inspect and prepare management plans and conduct response activities for local units of administration, as defined by AHERA.
(f) The powers bestowed by this Code section shall be cumulative of other powers of the State Board of Education and shall not diminish them in any way. This Code section shall not be construed to diminish the powers of any other state agency or instrumentality."
Section 2. Said title is further 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 board 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 in 12 months and, if changed, the new date shall also be published as provided in this Code section."
Section 3. 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 the 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 procuring such school furniture, apparatus, and educational requisites equipment and materials as they it may order; fee shall see ensure that none bat the prescribed textbooks are used by the pttptts 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 book i wfekfe fee shall keep a record of feis all official acts, which, together with all the books, papers, and property appertaining to feis the office, fee shall turn be turned over to few the successor. It shall be few the local school superintendent's duty to enforce all regulations; and rules; ad instructions of the State School superintendent Superintendent 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 fee shall, lO^jGincr witri iiiG stfttc supervisors^ superintend tne county norm0.19 dno institutes tor
within feis the local school district system which receives state aM and familiarize himsetf 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 4. 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 follows:

MONDAY, MARCH 7, 1988

2471

"20-2-133. (a) 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 and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials 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 60 continuous days as described in paragraph (1) of aubsection (b) of this Code section and no child who is in the physical custody of the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section 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.
(b) (1) Except for a child who is in the physical custody of the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any 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 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Human Resources or any of jts divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located.
(3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Human
Resources for more than 30 continuous days and is anticipated to remain in the
facility for more than a total of 60 continuous days.

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(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another. (4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. (5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grants will be determined and made pursuant to regulations adopted by the State Board of Education."
Section 5. 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 subsection (a) to read as follows:
"(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children aged zero from birth through four years of age, whose handicapping condition is so severe as to necessitate early education intervention, 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 General 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 disabled, 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 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 subsection."

MONDAY, MARCH 7, 1988

2473

Section 7. 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 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 8. 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 program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, 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 9. Said title is further amended by striking Code Section 20-2-210, relating to annual evaluations, and inserting in lieu thereof a new Code section to read as follows:
"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 professional 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 implemented 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 10. Said title is further amended by striking Code Section 20-2-212, relating 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 salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to

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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 relevant to the establishment of such a schedule. The minimum salary base for certificated 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 salaries 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 upon request 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 professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented."
Section 11. Said title is further amended by striking Code Section 20-2-216, relating to substitute teachers, and inserting in lieu thereof a new Code section to read as follows:
"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 requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or 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 purposes 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 12. 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

MONDAY, MARCH 7, 1988

2475

ethics, duties, and responsibilities of local governing board members; annual performance 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. he state board is authorized to reqatre the training ef- att All members of boards of local units of administration which the state board deems to be necessary are required to participate in at least 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 Association, 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 authorized 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 13. 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 subsection (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 educational service agencies are designated as fiscal agents, the state board shall grant additional 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 program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to 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 educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school 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

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to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."
Section 14. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 20-2-292, 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 15. 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 er at any time during the school year demand te inspect aH books, records, and- accounts all receipts, expenditures, and property of each public school ef such funds and property. T-he principal ef- eah public school shall keep Ms booka, records, and accounts in feed auditablc erdr at aH times and shall make them available te the local beard."
Section 16. Said title is further amended by striking subsection (d) of Code Section 20-8-5, relating to law enforcement powers of school security personnel in each public school system of the state, and inserting in lieu thereof a new subsection (d) to read as follows:
\d) i iic provisions or itiis oodc section sn&ll not DC construed v& permit or reQinre school In every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census, school security personnel who are certified by the Georgia Peace Officer Standards and Tranining Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforcement duties."
Section 17. Section 4 of this Act shall become effective July 1, 1988. The remaining sections of this Act shall become effective upon the approval of this Act 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.

Representative Smyre of the 92nd moved that the House agree to the Senate substitute to HB 1404.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken YAlford
Y Alien Y Athon Y Atkins
Bailey YBalkcom

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 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

Y Cox Y Crawford
Y Crosby Y Cummings,B
Cummings.M
Davis.G Y Davis.M Y Dkon Y Dobbs Y Dover

MONDAY, MARCH 7, 1988

Dunn Y Edwards YFelton YFloyd
Foster Y Galer YGodbee Y Goodwin Y Green YGreene
YGreer
YGresham Griffin
Y Groover Y Hamilton YHanner Y Harris
Hasty Y Heard YHensley Y Herbert
YHolcomb Y Holmes Y Hooks
Hudson Isakson

YJackson,J Y Jackson,W Y Jamieson YJohnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawler
Y Lawrence YLawson
Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
YMcKelvey McKinney
Y Meadows

Milan. 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
Pannell N 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 Y Ray
Reaves Redding Richardson Y Ricketson Y Robinson
Y Royal
St1"18", Y Shepard
Sherrod Y Simpson
Smkfield Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg

On the motion, the ayes were 144, nays 1. The motion prevailed.

2477
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Thurmond lolbert Y Townaaid * ' rlPlett Y Twiggs Y Waddle Y Wadrep
v w" k" I Y Wa ker.L Y Wall
Wiae Y Watson Y Watte
w^ Wi der Y W, hams.B Y W, l,ams,J
wT Wood Y Workman Y Yeargin Murphy.Spkr

HB 1916.

By Representatives Herbert of the 76th and Mostiler of the 75th:
A bill to provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control the unlawful use, consumption, possession, sales, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia.

The following Senate substitute was read:

A BILL
To provide for the Griffin-Spalding County Anti-Drug Commission, a body corporate and politic; to authorize and empower such commission to take such actions and do such things as it shall deem meet and proper to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commission to contract and to acquire, purchase, lease, receive, hold, possess, use, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, political subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Griffin or the County of Spalding shall be incurred in the exercise of any of the powers granted by this Act; to provide the term or period of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, it is desirable and in the public interest that actions be initiated and implemented to control or deter, with the ultimate objective of eliminating, the unlawful

2478

JOURNAL OF THE HOUSE,

use and possession of dangerous drugs and controlled substances in the City of Griffin and in Spalding County; that educational programs to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Act may be cited as the "Griffin-Spalding County Anti-Drug Commission Act."

Section 2. Anti-Drug Commission. There is hereby created a body corporate and politic, to be known as the "Griffin-Spalding County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.

Section 3. Term of existence or duration. The commission shall have the existence hereunder for and during a term of five years, beginning on July 1, 1988, and terminating on June 30, 1993, at which time such commission shall hereby be dissolved and shall thereafter be nonexistent.

Section 4. Composition, (a) The commission shall be composed of 24 members, to fill the 24 respective posts, as follows:

Post

Members

1. The mayor of the City of Griffin; 2. The chairman of the board of commissioners of Spalding County; 3. The mayor of the City of Orchard Hill; 4. The mayor of the City of Sunnyside; 5. The sheriff of Spalding County; 6. The chief of police of the City of Griffin; 7. The superintendent of the Griffin-Spalding County School System; 8. The chairman of the Board of Health of Spalding County; 9. The area director of Mclntosh Trail Mental Health, Mental Retardation, and Sub-
stance Abuse Services Unit of the Georgia Department of Human Resources; 10. The district attorney of the Griffin Judicial Circuit or any successor judicial cir-
cuit that embraces or includes the Superior Court of Spalding County; 11. The chairman of the Board of Midway Recovery Systems in the City of Griffin; 12. The president of the Griffin-Spalding County Medical Association; 13. The president of the Griffin-Spalding County Pharmacy Association; 14. The president of the Griffin Ministerial Association; 15. The president of the Griffin Ministerial Alliance; 16. The president of the Griffin-Spalding County Civic Improvement League; 17. The president of the Coalition of the Griffin-Spalding County Parents & Teachers
Association; 18. The Griffin District Post Commander of the Georgia State Patrol; 19. The president of the Griffin-Spalding County Chamber of Commerce; 20. The president of the Student Body of Griffin High School; 21-22. One member shall be appointed to each of these two posts by the governing
authority of the City of Griffin for such term of office as such board may desire during the five-year period of existence of such commission; and 23-24. One member shall be appointed to each of these two posts by the governing authority of the County of Spalding for such term of office as such board may desire during the five-year period of such commission.

MONDAY, MARCH 7, 1988

2479

(b) Each of the officers in Posts 1 through 20 shall serve as a member of such commission only during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate for any reason or cause to serve on such commission, to designate a member to serve in his or her place on said commission.
Section 5. Vacancies, (a) Any vacancy in the above designated Post 21 or 22 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Griffin.
(b) Any vacancy in the above-designated Post 23 or 24 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Spalding.
(c) If any of the above-designated offices of members of Posts 1 through 20 should become vacant or be discontinued or become nonexistent for any cause or reason whatever, the Grand Jury of the Superior Court of Spalding County shall appoint a person to fill such vacancy.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commission. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting quarter-annually at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the commission may deem meet and proper. The commission may hold such other regular, special, or additional meetings as it may deem necessary or proper. No notice shall be required to be given for any regular meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarter-annual, bimonthly, monthly, semimonthly, or weekly meetings or other such meetings held at regular periodic intervals. The commission is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meeting need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meetings.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Griffin and the County of Spalding with each such entity contributing an equal amount

2480

JOURNAL OF THE HOUSE,

to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1988. The commission shall make a written request to the City of Griffin and the County of Spalding for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Griffin and the County of Spalding on or before April 15, 1988, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Griffin and the County of Spalding. In addition to any such annual contribution, both the City of Griffin and the County of Spalding are hereby authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contribution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and manner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is hereby authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Griffin and all other municipalities of the State of Georgia; the County of Spalding and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agencies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities; in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations herein provided, to accomplish the above-stated purpose of the existence of such commission; (5) To provide programs such as drug prevention programs, drug treatment programs, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and (6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose
of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Griffin, with the County of Spalding,
or with any other political subdivision or municipal corporation of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments necessary or convenient for the purpose of exercising its powers and performing its duties and functions as herein set out;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the

MONDAY, MARCH 7, 1988

2481

State of Georgia, or any agency or instrumentality thereof; the City of Griffin, the County of Spalding, or any other municipality or political subdivision of the State of Georgia; upon such terms and conditions as such governmental entity, agency, municipality, county, or political subdivision may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the payment of the same and for the rights of the holders of such promissory notes evidencing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are hereby declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and special assessments of any city, county, or the state, or any politicial subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to prescribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Griffin or the County of Spalding.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the State Court of Spalding County or the Superior Court of Spalding County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to the powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 17. Liberal construction of this Act. This Act, being for the welfare of various municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 18. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 19. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. Specific repealer. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Griffin or Spalding County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 21. General repealer. All laws and parts of law in conflict with this Act are hereby repealed.

Representative Herbert of the 76th moved that the House agree to the Senate substitute to HB 1916.

2482

JOURNAL OF THE HOUSE,

On the motion the ayes were 120, nays 0. The motion prevailed.

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

SB 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 systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.

The following Committee substitute was read:

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 systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education; to allow the adoption of supplemental rules and policies by local boards of education; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding immediately following Part 10, relating to professional standards, a new Part 11 to read as follows:
"Part 11
20-2-989.1. This part shall be known and may be cited as the 'Georgia Grievance Procedures Act.'
20-2-989.2. The purpose of this part is to provide minimum standards for grievance procedures for certificated personnel so that local boards of education in Georgia and their employees may resolve problems which arise between them within the scope of the employment relationship so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community, particularly the children of Georgia, may be better served. These procedures require local boards of education to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level and shall be construed to effectuate this purpose. It is not the purpose of this part to authorize or encourage collective bargaining for or on behalf of any individual certificated employee or group of certificated employees.
20-2-989.3. (a) For the purposes of this part, 'grievance' means any claim by an affected certificated employee of any local board of education alleging a violation, misapplication, or misinterpretation of the statutes, policies, rules, regulations, or the written contract under which such certificated employee works, any specifically identified incident of discrimination, harassment, or favoritism, or job performance, or the health and safety of students or employees. However, personnel performance evaluations pursuant to Code Section 20-2-210 shall be exempt from the provisions of this part.
(b) The termination, nonrenewal, demotion, or suspension of any employee, as set forth in Part 7 of Article 17 of this chapter and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-790 of this chapter, shall not be the subject of any grievance filed under this part.

MONDAY, MARCH 7, 1988

2483

20-2-989.4. Each local board of education, as defined in paragraph (1) of subsection (a) of Code Section 20-2-942, shall promulgate written policies and procedures providing for a grievance procedure for all certificated personnel employed by the board. At a minimum, the grievance procedure shall provide:
(1) That no reprisals of any kind shall be taken by the local board of education, the superintendent, or any member of the school system administration, against any employee filing a grievance under the local board policies or this Code section. Reprisals shall be considered unprofessional conduct and any evidence of reprisal shall be referred to and investigated by the Professional Practices Commission;
(2) A method and time frame for filing grievances and appeals, including successive levels of appeal from the grievant's immediate supervisor to system superintendent to the local board of education;
(3) The manner in which notice of the initial hearing and appeals shall be given; (4) That the grievant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses; (5) For the keeping of accurate minutes and preservation of all evidence, which shall be available to all parties; (6) That the grievant is entitled to the presence of one person of his or her own choosing to assist in the presentation of the grievance at the superintendent or local board of education level but not prior thereto; provided, however, that should the board of education or superintendent have an attorney or anyone other than the designated representative present at any prior level, the grievant shall be entitled to be accompanied and assisted by a representative of his or her choice; (7) That the grievant has an opportunity to present additional evidence at each level of the grievance process, provided that such evidence is relevant to the issues presented at the initial hearing; provided, however, any time an employee presents additional evidence that was not presented at any prior level and it is determined that such evidence might have produced a different decision on the grievance, then the grievance shall be remanded to the previous level for reconsideration; (8) That each decision be reduced to writing and dated. Each decision shall contain findings of fact and set forth the specific reasons for the particular resolution reached. The decision reached at each grievance level shall be sent by certified mail to the grievant within ten days of the hearing at such level; (9) That a decision rendered by a local board of education pursuant to the provisions of this part shall not be a decision for purposes of appeal under Code Section 20-2-1160 or for the purpose of appeal to any court; and (10) That all costs and fees shall be borne by the party incurring them unless otherwise agreed upon by the parties involved. 20-2-989.5. Nothing in this part shall be construed to prevent a local board of education from adopting supplemental rules and policies that grant additional substantive and procedural rights not inconsistent with this part to its employees."
Section 2. This Act shall become effective on September 1, 1988.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Lane of the 27th moves to amend the Committee substitute to SB 638 as follows:
Page 3, on Line 33, strike the semi-colon following the word "choice", and add a comma and the following: "however, neither party shall be represented by an attorney at these levels.".

The following amendment was read:

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JOURNAL OF THE HOUSE,

Representative Moore of the 139th moves to amend the Committee substitute to SB 638 as follows:
By adding a new paragraph on Page 4, Line 22 to read:
"This act shall be effective only to those school systems which do not have a 'grievance policy' approved by the State Board of Education in place as of January 1, 1989.".

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 N Aiken N Alford N Alien
Athon N Atkins N Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M NBeck N Benefield NBenn N Birdsong
Bishop N Bostick Y Branch N Brooks N Brown
Buck N Buford NByrd
YCarrell Y Carter N Chambless N Chance N Cheeks N Childers N Clark,B N Clark,H Y Clark,L N Colbert

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

N Holmes N Hooks
Y Hudson NIsakson
N Jackson,J Y Jackson, W Y Jamieson N Johnson,D N Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence N Lawson
NLee N Under NLong NLord N Lucas Y Lupton
Mangum N Martin NMcCoy N McDonald N McKelvey
McKinney N Meadows YMilam Y Milford N Mobley Y Moody Y Moore Y Morton

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

On the adoption of the amendment, the ayes were 64, nays 99. The amendment was lost.

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

The following amendment was read:

Representative Moore of the 139th moves to amend the Committee substitute to SB 638 as follows:
By striking the words "on job performance" on Line 18, Page 2.

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 Y Athon
N Atkins N Bailey N Balkcom

Y Bannister Y Bargeron N Barnett.B
Y Barnett.M Beck

N Benefield N Benn
N Birdsong N Bishop N Bostick

Y Branch N Brooks N Brown
Buck N Buford

MONDAY, MARCH 7, 1988

NByrd Y Carrell Y Carter N Chambless N Chance
N Cheeks
N Childers
N Clark.B N Clark.H
Y Clark.L
Y Colbert
Y Coleman
Colwell Connell N Couch NCox N Crawford Y Crosby N Cummings.B
Cummings.M N Davis.G Y Davis.M N Dixon Y Dobbs N Dover
Dunn N Edwards Y Felton Y Floyd Y Foster N Galer

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

Y Lawrence N Lawson NLee N Linder N Long YLord N Lucas Y Lupton Y Mangum N Martin N McCoy Y McDonald N McKelvey
McKinney N Meadows Y Milam Y Milford N Mobley Y Moody Y Moore Y Morton N Mostiler Y Moultrie Y Mueller Y Oliver.C N Oliver.M N Orrock N Padgett N Pannell Y Parham Y Parrish

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

On the adoption of the amendment, the ayes were 67, nays 99.

The amendment was lost.

2485
N Smyre NSnow N Stancil N Stanley N Steinberg N Stephens N Thomas.C N Thomas,M N Thompson N Thurmond Y Tolbert Y Townsend N Triplett
Twiggs Y Waddle N Waldrep N Walker.C N Walker.L N Wall Y Ware N Watson N Watts N White Y Wilder Y Williams.B N Williams.J N Wilson
Wood N Workman
Yeargin Murphy.Spkr

The Committee substitute was adopted.

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

Y Aaron Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick N Branch Y Brooks Y Brown YBuck Y Buford YByrd N Carrell N 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 Y Crosby Y Cummings.B Cummings.M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover Dunn Y Edwards N Felton N Floyd Y Foster Y Galer N Godbee Y Goodwin

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

Y Lawrence Y Lawson YLee Y Linder YLong NLord Y Lucas N Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows N Milam
Milford Y Mobley N Moody N 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 N Peters N Pettit Y Phillips Y Pinkston Y Pittman Y Porter N 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 N Royal Y Selman Y Shepard N Sherrod Y Simpson Y Sinkfield Y Sizemore

2486

JOURNAL OF THE HOUSE,

Y Smith.L Y Smith.P
Y Smith.T YSmith.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 N Townsend
Y Triplet! Twiggs
Y Waddle Y Waldrep Y Walker.C

Y Walker,L Y Wall
N 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, by substitute, the ayes were 144, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Aiken 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.

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 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1472

The Committee of Conference on HB 1472 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1472 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Hudgins
Senator, 15th District
M Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Joe Mack Wllson Representative, 20th District
/s/ Thomas M. Kilgore Representative, 42nd District

/si Paul C. Broun Senator, 46th District

/s/ Tom Crosby, Jr. Representative, 150th District

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize an increase in the rate of joint county and municipal sales and use taxation under certain circumstances; to change certain provisions relating to the repeal of Article 3 of said chapter, relating to special purpose county sales and use taxation, upon the effective date of an increase in the rate of state sales and use

MONDAY, MARCH 7, 1988

2487

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. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding after Code Section 48-8-82 a new Code Section 48-8-82.1 to read as follows:
"48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax authorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the rate of tax imposed under this article may be increased one time from 1 percent to 2 percent for a period of one year if such increase is approved by the concurrent action of the governing authority of the county and the governing authorities of all qualified municipalities in the county, provided that the resolution or ordinance of each such governing authority must be adopted within a period of 30 days beginning on the date of adoption of the first such resolution or ordinance. Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the necessary resolution or ordinance by all such governing authorities. The proceeds of the increased tax shall be divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent."
Section 2. Said chapter is further 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 constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article.", 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 proposed 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 submission 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 commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
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 Robinson of the 96th moved that the House adopt the report of the Committee of Conference on HB 1472.

2488

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Y Benefield YBenn N Birdsong Y Bishop
Bostick N Branch Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell
Carter Y Chambless
Chance 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
Cummings.M
Y Davis.G Davis.M
Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd N Foster Y Galer
Godbee N Goodwin Y Green Y Greene
Greer N Gresham N Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty N 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 Y Johnson.R
Y Kilgore N Kingston
Y Lane.D Y Lane.R N Langford Y Lawler Y Lawrence N Lawson
YLee Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald N McKelvey Y McKinney Y Meadows
Milam Y Milford
Y Mobley N Moody Y Moore
N Morton

On the motion, the ayes were 142, nays 17. 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 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 N Shepard N 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 Waldrep
Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilIiams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy,Spkr

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 amendments thereto:

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 Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of population bills.

The following Senate amendment was read:

Senate Amendment No. 1 Amend HB 1872 by striking on lines 17 and 33 of page 2 the following: "two",
and inserting in lieu thereof the following:

MONDAY, MARCH 7, 1988

2489

"three".

By striking lines 23 through 30 of page 2 which read as follows:
"(3) A bill classifying political subdivisions having more than a specified population and affecting two or more such political subdivisions: provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having more than a specified population enacted prior to July t, 1988, or which become effective July 1^ 1988;",
and inserting in lieu thereof the following:
"(3) A bill classifying political subdivisions having more than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect:
(A) The legality of any bills classifying political subdivisions having more than a specified population enacted prior to July \ 1988, or which become effective July 1, 1988; or
(B) The passage or legality of any bills amending bills referred to in subparagraph (A) of this paragraph;".

The following amendment was read and adopted:

Representatives Lee of the 72nd and Groover of the 99th move to amend the Senate amendment to HB 1872 as follows:
By adding after the word "paragraph" on Line 30, Page 1, the following:
"with respect to specific subject matter contained in such bills on July 1, 1988.".

The following amendment was read:

Senate Amendment No. 2
Amend HB 1872 by adding on line 6 of page 1 between the word and semicolon "matters;" and the word "to" the following:
"to provide an effective date;".
By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. This Act shall become effective January 1, 1989."

Representative Groover of the 99th moved that the House agree to the Senate amendment number one as amended by the House, and agree to the Senate amendment number two to HB 1872.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron YAdams.G Y Adams.M YAiken YAlford 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

Y Branch Brooks
Y Brown Y Buck Y Buford Y Byrd Y Canell Y Carter
Y Chambless Y Chance

Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark,L N Colbert
Coleman Y Colwell
Connell N Couch

Y Coi Y Crawford * Crosby Y Cummings,B
Cummings.M Sav!8'?, Y Davis.M Y Diion
Y Dobbs Y Dover

2490

JOURNAL OF THE HOUSE,

Dunn 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
Hanner 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 Y Lawler
Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum N 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 Pannell
Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey

On the motion, the ayes were 148, nays 4. The motion prevailed.

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

The following Resolution of the House was read and adopted:

HR 1043.

By Representatives Steinberg of the 46th, Murphy of the 18th, Lee of the 72nd, Martin of the 26th, Orrock of the 30th and others:
A resolution congratulating Honorable Mary Margaret Oliver on her fortieth birthday.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

MONDAY, MARCH 7, 1988

2491

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 1243. By Representative Edwards of the 112th: 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 chiropractic by allowing chiropractors to utilize nutrition.
The Senate insist on its amendment to the following Bill of the House:
HB 1785. By Representative Cummings of the 17th: A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.
The Senate insists on its substitute to the following Bill of the House:
HB 908. By Representative Ramsey of the 3rd: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:
SB 197. By Senator Deal of the 49th: A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.
The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Howard of the 42nd.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

2492

JOURNAL OF THE HOUSE,

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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

The President has appointed on the part of the Senate the following: Senators Baldwin of the 29th, Deal of the 49th and Allgood of the 22nd.

The President has ruled the House amendment to the Senate amendment to the House substitute out of order and the Senate has appointed a Committee of Conference
to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

The President has appointed on the part of the Senate the following: Senators Peevy of the 48th, Crumbley of the 17th and Barnes of the 33rd.

The following Resolutions of the House were read and adopted:

HR 1044. By Representatives Galer of the 97th, Padgett of the 86th, Oliver of the 121st, Clark of the 20th, Aiken of the 21st and others:
A resolution commending the State Defense Force.

HR 1045.

By Representatives Clark of the 13th, Milford of the 13th, Yeargin of the 14th and McDonald of the 12th:
A resolution commending the Madison County High School boys' basketball team.

HR 1046. By Representative Smith of the 78th: A resolution commending Kathryn B. Martin.

HR 1047. By Representative Crawford of the 5th: A resolution commending Honorable Jake Woods.

HR 1048. By Representative Dunn of the 73rd: A resolution commending Joey DiNino.

MONDAY, MARCH 7, 1988

2493

HR 1049. By Representative Dunn of the 73rd:
A resolution expressing sympathy regarding the passing of William Arthur "Bill" Moye of Henry County.

HR 1050. By Representative Redding of the 50th: A resolution commending the Candler Area Business Association.

HR 1051.

By Representatives Chambless of the 133rd, Murphy of the 18th, Steinberg of the 46th, Walker of the 115th, Groover of the 99th and Connell of the 87th:
A resolution congratulating Alex Joshua Kaplan.

HR 1052. By Representatives Chambless of the 133rd, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th and others:
A resolution congratulating Mr. and Mrs. Sidney Chambless on their fiftieth wedding anniversary.

HR 1053. By Representatives Waddle of the 113th and Watson of the 114th: A resolution commending Ms. Renee Thomas.

HR 1054. By Representative Ramsey of the 155th: A resolution congratulating the First African Baptist Church of Brunswick.

HR 1055. By Representatives Ramsey of the 155th and Smith of the 156th: A resolution commending Reverend G. E. Darrisaw.

HR 1056. By Representatives Redding of the 50th and Clark of the 55th: A resolution commending the Reverend Jimmy L. Smith.

HR 1057. By Representative Redding of the 50th: A resolution recognizing and commending Mr. Nate Mosby.

HR 1058. By Representatives Kilgore of the 42nd, Watson of the 114th, Murphy of the 18th and McDonald of the 12th:
A resolution commending Mrs. Ginger Taylor.

HR 1059. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A resolution commending the Northwest Whitfield High School Lady Bruins.

HR 1060. By Representatives Griffin of the 6th, Foster of the 6th and Ramsey of the 3rd:
A resolution commending the Southeast Whitfield High School Raiders and Lady Raiders basketball teams.

2494

JOURNAL OF THE HOUSE,

HR 1061. By Representative Redding of the 50th: A resolution recognizing and commending the Reverend George Moore.

HR 1062. By Representative Redding of the 50th: A resolution commending the Royal Ark Masonic Lodge No. 574.

HR 1063. By Representative Redding of the 50th: A resolution commending Mr. Ernest Prather.

HR 1064. By Representative Redding of the 50th: A resolution commending Reverend John Talford.

HR 1065. By Representative Birdsong of the 104th: A resolution commending Miss Verna Mae Taylor Blakenship.

HR 1066. By Representative Birdsong of the 104th:
A resolution commending the Wilkinson County Warriorettes basketball team.

HR 1067. By Representative Crawford of the 5th:
A resolution commending and congratulating the Chattooga County High School Girls' Basketball Team.

HR 1068. By Representatives Clark of the 20th, Aiken of the 21st, Gresham of the 21st and Wilder of the 21st:
A resolution commending the Honorable William Atkins.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 499 Do Pass, by Substitute
Respectfully submitted, Is/ Childers of the 15th
Chairman

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

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.

MONDAY, MARCH 7, 1988

2495

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1277

The Committee of Conference on HB 1277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1277 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
N Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District

/s/ Thomas F. Allgood Senator, 22nd District

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

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, reserves 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...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts -
Staff...............................................................................................! Per Diem, Fees and Contracts -
Elected Officials...........................................................................!

20,554,894 9,566,914
3,309,287 2,166,900
116,800 6,000 0
365,000 415,500 63,700 624,000
383,732
2,315,261

2496

JOURNAL OF THE HOUSE,

Photography...................................... Expense Reimbursement Account. Capital Outlay .................................. Total Funds Budgeted..................... State Funds Budgeted.....................

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 Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided

MONDAY, MARCH 7, 1988

2497

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 determining 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 ...............................................................$ Equipment........................................................................................! Per Diem, Fees and Contracts......................................................! Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12.495,008
10,381,288 364,220 857,500 172,500 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...............................................................!

3,779,608

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$

4,364,874

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......................................................................!

33,973,431 32,248,776
747,652 119,600
73,435
768,968 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.....................................................................! Georgia Magistrate Courts Training Council..............................................................................!

550,368 425,506

Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!

2498

JOURNAL OF THE HOUSE,

Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting..............................................................................$ Board of Court Reporting..............................................................$ Payment to Council for Magistrate Court Judges ................................................................................$ Payment to Council for Probate Court Judges ................................................................................$ Payment to 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications......................................................................-! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense.................................................! Utilities.............................................................................................! 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....................................................................!

815,088
71,000 28,575 26,000 20,000 10,000
109,310
39,478,287 39,840,411 8,915,013
252,224 430,100 4,117,094 8,808,124 3,281,373 882,878 421,098 15,966,243 37,635 1,957,232
32,900,121 10,650,000
608,800 50,000 30,000
0 2,600,000 4,200,000 135,948,346 39,478,287

MONDAY, MARCH 7, 1988

2499

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 2,375,424
16,745,674
11,066,875 2,529,310
635,631
511,888 49,272,487 3,157,359 40,211,155 5,404,961
1,439,011 620,283
1,608,038 135,948,346

370,250 2,377,424
14,786,448
0 2,529,310
0
511,888 12,924,967
0 5,850,000
130,000 0 0 0
39,478,287

B. Budget Unit: Georgia Building Authority..................................................................!
Georgia Building Authority Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle 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
18,324,000 4,729,200
21,100 76,800 129,700 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 Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

1,922,900 4,737,600 4,880,800 4,642,800
199,100 4,343,500 10,961,100
597,900 0
32,285,700

2500

JOURNAL OF THE HOUSE,

C. Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ 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 ...............................................................$ 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....................................................................!

250,000
4,500,000 3,996,000 1,500,000
175,000 700,000
0 0 20,000 800,000 0 0 11,691,000 250,000
31,735,004
27,363,829 3,355,998
877,000 513,604 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,618,806 547,000 91,000 75,000 205,000
458,600
75,000 0
60,000 50,000 100,000 40,401,620 31,735,004

MONDAY, MARCH 7, 1988

2501

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

4,116,783 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 40,401,620

3,670,783 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 31,735,004

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,591,588
4,667,989 220,511 321,198 0 24,305 122,402 184,272 48,911 2,000
5,591,588 5,591,588

Section 13. Department of Community Affairs.
Budget Unit: Department of Community Affairs.................................................!
State Operations Budget:

7,903,076

2502

JOURNAL OF THE HOUSE,

Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! 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.............................................................! Special Investment Grant..............................................................! Payment to Georgia Residential
Finance Authority.......................................................................! Payment to Georgia Environmental
Facilities Authority for Operations..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,702,230 243,346 177,884 8,200 24,009 45,615 398,192 62,998 108,132 85,000
1,400,000 200,000
99,800
30,000,000
0 0 650,000
600,000
422,990 39,228,396 7,903,076

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

3,894,952

!

1,426,054

!

32,774,169

$

1,133,221

!

39,228,396

$

3,872,452

$

1,240,748

$

1,822,701

$

967,175

$

7,903,076

Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..................................,.......................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ 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............................................................................................!

287,050,849 209,401,924 23,442,382
1,303,125 1,136,000 3,616,793
789,450 2,920,461 2,237,292 1,647,263
80,000 9,625,065
350,000 11,680,000 5,500,000
0

MONDAY, MARCH 7, 1988

2503

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....................................................................$

0 600,000
3,099,945
1,579,703
315,196 950,000 12,797,923
48,946
289,190 681,400 200,000 294,292,058 450,000
0 287,050,849

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

36,357,049

$ 210,272,071

$

47,662.938

$ 294,292,058

$

35,712,049

$ 209,111,274

$

42,227,526

$ 287,050,849

B. Budget Unit: Board of Pardons and Paroles......................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,047,843
15,687,453 478,284 432,902 124,500 139,348 123,000
1,072,131 398,875 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...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$

4,734,565
7,269,131 3,220,608
66,382 27,200 50,725 13,830 7,800 77,596 183,500

2504

JOURNAL OF THE HOUSE,

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...................

1,050,000 44,100 18,000 42,000 0 563,160 325,125
12,959,157 4,734,565

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 5,487,245 12,959,157

1,179,668
871,607 456,688 2,226,602 4,734,565

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 ...............................................................$ 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...............................................................................! Local Fair Share..............................................................................!
Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................!

2,342,645,140
38,257,881 4,511,149 1,549,585
80,590 461,675 8,878,097 2,198,820 703,133 16,595,715 1,007,520
5,000
612,236,416 502,854,873 253,020,871 75,173,824
82,875,796 171,399,805 18,976,960 28,422,940
6,221,516 15,505,867 83,370,542 446,973,429 106,375,602
992,440 (430,108,768)
114,111,755 1,500,000

MONDAY, MARCH 7, 1988
In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Tuition for the Multi-Handicapped.....................................................................$
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State) ......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................! Regional Education Service Agencies ..........................................................................$ Georgia Learning Resources System...........................................................................................! High School Program .....................................................................$ Special Education in State Institutions.........................................................................! Governor's Scholarships.................................................................! Special Projects...............................................................................! Job Training Partnership Act.......................................................! Vocational Research and Curriculum....................................................................................! Adult Education..............................................................................! Salaries and Travel of Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! 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......................................................................................! Drug Free School (Federal) ...........................................................$ Innovative Programs.......................................................................! Technology Grants..........................................................................!
Limited English - Speaking Students Program .......................................................................$
Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

2505
0 1,000,000 13,298,790
100,000
78,364,380
1,950,000
20,531,560
1,972,000 30,255,441 127,921,445 22,666,600
5,895,946
6,137,565
2,408,930 13,983,556
2,830,345 1,269,600
0 3,084,680
366,540 5,453,680
9,061,589 4,498,850
767,632 3,638,259
78,000,000
16,728,325
8,702,655
10,440,540 2,541,012
670,500 850,000
1,250,000 2,640,793,453
340,000 2,342,645,140

2508

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

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 ...............................,...............................$ Equipment........................................................................................! 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 .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19.426,082
3,596,072 355,435 57,000 0 19,395 392,701 125,554 18,000 307,500
3,810,000 12,777,540 5,076,500
40,000
112,000 200,000
344,000
550,000 27,781,697 19,426,082

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
22,910,040 27,781,697

0
160,000
19,266,082 19,426,082

Section 21. Office of the Governor. Budget Unit: Office of the Governor................,.................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ 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....................................................!

18,249,457 8,521,494
450,250 186,300
0 59,734 148,400 643,014 211,480 48,734,896 2,744,586 40,000 2,500,000 158,000 2,750,000 345,006

MONDAY, MARCH 7, 1988

2509

Humanities Grant - State Funds., Art Acquisitions - State Funds..... Children's Trust Fund Grants...... Children and Youth Grants........... Total Funds Budgeted................... State Funds Budgeted....................

50,000 40,000
200,000
100,000 67,883,160 18,249,457

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 Growth Strategies Commission Human Relations Commission Total

5,442,586
791,689
4,204,264 3,774,785 1,952,701 47,739,046
642,710
644,524
1,405,916
282,761
617,178 275,000 110,000 67,883,160

!

5,442,586

!

723,476

!

4,064,264

!

3,236,540

!

1,952,701

$

322,581

$

642,710

!

398,744

!

335,916

!

127,761

!

617,178

!

275,000

!

110,000

$

18,249,457

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 ...............................................................$ 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....................................................................!

421,871,428
49,887,861 2,570,702 1,402,804
0 388,502 2,718,041 5,023,688 1,050,944 2,319,905 293,074 980,568
0
4,000
7,770,680 8,735,050
236,000 35,495,400 118,877,219
638,300
51,739,899

2510

JOURNAL OF THE HOUSE,

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

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
516,000
8,735,050 469,655
9,341,668
687,260 2,254,896
826,199
3,441,819 398,863 754,192
5,481,633 19,956,969 2,874,192 36,959,445
1,285,548 118,877,219

768,025 1,115,639
302,726 8,192,785 (6,062,815) 3,443,234
516,998
502,252 1,608,108 4,780,810 1,969,966
516,000
8,370,359 132,775
687,260 2,244,896
483,680
961,967 398,863 553,097 257,960 2,635,684 2,661,592 13,467,490
1,230,548 51,739,899

2. Public Health Budget: Personal Services.............................................................................I Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ 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..........................................................!

41,166,317 53,446,733
1,195,678 0
403,666 620,183 758,585 641,331 3,340,858
0 89,898 623,632
4,936,795
2,055,000

MONDAY, MARCH 7, 1988

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 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

736,488 334,799 1,210,134 1,676,234 662,918 767,633
1,964,504 1,819,078
461,841
1,518,042
I,263,151 II,185,040 9,397,027
186,887 10,384,299 54,861,649 1,676,289 11,767,750 1,354,564
639,206 3,595,345
950,435 4,793,677 2,651,072
9,656,534 2,870,707
1,332,326
6,594,224 50,626,039 3,072,305 2,801,536 202,811,733

3. Rehabilitation Services Budget:

2511
2,068,464 7,456,223
400,000 2,650,000
4,050,421 302,000
59,989,894 10,256,055 6,360,000 202,811,733
549,718 119,656,346

State Funds

$

539,263

$

294,799

$

1,125,134

$

1,577,001

$

440,100

$

739,401

$

1,434,504

$

786,431

$

0

$

257,066

$

1,263,151

$

5,424,493

$

8,789,777

$

0

$

5,660,849

$

0

$

1,466,114

$

9,555,807

$

1,354,564

$

639,206

$

3,595,345

$

411,663

$

4,673,677

$

1,590,572

$

9,526,859

$

1,428,711

$

1,332,326

$

6,594,224

$

45,772,629

$

2,289,186

$

1,093,494

$ 119,656,346

2512

JOURNAL OF THE HOUSE,

Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ 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 8,981,656
801,663 264,500 433,914 1,673,520 2,676,949 1,402,301 4,257,190 943,324
0 335,300
68,700 15,634,998
50,000 509,100 6,194,606 104,605,394 100,000 21,271,610

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

3,789,518 676,442
7,868,946
16,588,654
11,901,287 21,891,189
953,346 33,741,595
470,764 1,193,497 5,120,256
409,900 104,605,394

1,307,073 547,225
1,404,872
4,036,796
588,884 0 0
7,005,620 270,764 580,220
5,120,256 409,900
21,271,610

4. Family and Children Services Budget:
Personal Services........................ Regular Operating Expenses .... Travel............................................ Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts. Utilities ........................................ Postage......................................... Cash Benefits..............................

13,600,590 1,396,440
397,600 10,400 73,975 14,742,609 216,243 902,500 5,236,950 9,100 1,327,725 286,454,599

MONDAY, MARCH 7, 1988

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 ....................

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

1,328,582 273,001,859
100 12,978,058
46,641,446
73,837,398
43,243,813
6,469,377 2,427,000
858,206 3,895,824 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 1,089,030 2,855,121
1,787.969 547,509,280

Budget Unit Object Classes: Personal Services...................... Regular Operating Expenses.. Travel ......................................... Motor Vehicle Purchases........ Equipment................................. Computer Charges.................... Real Estate Rentals................. Telecommunications................

2513
171,845,003 45,707,516 3,416,730
2.171,300 547,509,280
2,339,882 229,203,573

State Funds

$

0

$ 100,888,261

$

100

$

0

$

24,469,748

$

36,918,699

21,684,401

5,887,977 0
858,206 3,226,436 3,708,240 2,155,050

7,155,713 2,143,721 (8,695,462) 1,310,631 1,300,000 12,890,921 1,469,164
369,755 2,707,472 3,548,148
53,016 254,436 1,072,630 2,690,121

1.136,189 229,203,573

165,032,441 66,395,531 3,797,745
274,900 1,300,057 19,754.353 8,675,465 3,997,076

2516

JOURNAL OF THE HOUSE,

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

16,649,139 9,440,549 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
1,941,508 $ 583,505,819

Section 23. Department of Industry and Trade. Budget Unit: Department of Industry andTrade.................................................................$
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ 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....................................................................!

Department of Industry and Trade Functional Budgets

Total Funds

Administration

$

5,885,286

16,257,139 9,055,138 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
1,896,508 433,834,253
17,659,986
6,681,308 1,652,369
349,445 68,500 191,755 125,025 607,140 207,860 265,400 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000 0
18,792,986 17,659,986

State Funds

$

5,075,286

MONDAY, MARCH 7, 1988

2517

Economic Development Tourism Total

$

4,799,643

$

8.108,057

$

18,792,986

$

4,616,643

$

7,968.057

$

17,659,986

Section 24. Department of Insurance
Budget Unit: Office of Insurance Commissioner.......................
Operations Budget: Personal Services.......................................... Regular Operating Expenses ...................... Travel............................................................. Motor Vehicle Purchases............................ Equipment..................................................... Computer Charges........................................ Real Estate Rentals..................................... Telecommunications.................................... Per Diem, Fees and Contracts ................... Total Funds Budgeted................................. State Funds Budgeted.................................

9,681,342
8,920,817 546,750 309,000 47,500 50,670 206,771 525,759 205,021 35,500
10,847,788 9,681,342

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

1,503,059 2,411,587
563,297 1,759,027
4,610,818 10,847,788

1,503,059 2,305,602
563,297 1,759,027
3,550,357 9,681,342

Section 25. Department of Labor. Budget Unit: Department of Labor.......... State Operations:
Personal Services................................... Regular Operating Expenses...............
Motor Vehicle Purchases ...............................................................$ 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....................................................................!

5,926,599
54,875,137 6,163,100
830,000 11,000
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
5,926,599

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services

2,756,377 15,988,853
114,210,707

568,166 1,257,109
4,101,324

2520

JOURNAL OF THE HOUSE,

Contract - Special Olympics, Inc..................................................................................................$
Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................$ Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance.................................................................................$ Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$ Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! 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....................................................................!

206,000 50,000
485,000
766,665
20,000
347,831 125,000 724,620
10,000
149,405 150,000
1,170,527 275,000
7,000,000 7,000 13,000
500,000 89,700,160
53,750
315,000 200,000 69,978,120

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

7,489,696 24,855,209
31,119,089 24,644,938
1,591,228 89,700,160

7,120,946 21,426,966
18,851,126 21,066,854
1,512,228 69,978,120

B. Budget Unit: Authorities.................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges................,..........................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$

0
1,646,987 552,200 54,400 69,000 263,690 4,000 10,200 50,650 119,400 0

MONDAY, MARCH 7, 1988

2521

Total Funds Budgeted.. State Funds Budgeted..

2,770,527 0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

$

1,600,000

$

1,170,527

$

2,770,527

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 ...............................................................$ 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....................................................................!

102,356,167
2,795,428 261,000 84,000 0 25,100 202,451 293,683 41,389
1,444,000 16,000
59,462,617 11,624,632
0 4,200,000 30,693,824 2,571,863
200,000 113,915,987 102,356,167

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,163,051 108.752,936 113,915,987

!

3,592,231

!

98,763,936

! 102,356,167

Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .................................. .....................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts .......... ........................................$

69,947,973
52,875,508 8,496,716
140,300 3,069,000
681,806 3,600,000
13,000 1,101,443
246,000

2522

JOURNAL OF THE HOUSE,

Conviction Reports........................ State Patrol Posts Repairs
and Maintenance ........................ Capital Outlay............................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

225,000
200,000 0
949,200 71,597,973
1,650,000 69,947,973

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

16,355,406

$

13,093,033

$

42,149,534

$

71,597,973

14,855,406 13,093,033 41,999,534 69,947,973

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................! Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment................,......................................................................-? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ 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...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Highway Safety Grants..................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

12,982,368
5,987,056 2,262,872
133,500 115,170 172,795 356,563 91,853 153,900 1,178,700 2,675,977
0 13,128,386 12,697,311
392,194 29,100 13,000
0 0 40,000 63,625 8,000 23,800 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 Firefighters
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

MONDAY, MARCH 7, 1988

2523

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 ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,229,973
5,744,164 394,861 215,500 57,900 53,364 341,800 299,825 113,300
1,250,000 8,470,714 7,229,973

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,315,665 3,243,522 3,911,527 8,470,714

1,315,665 2,125,925 3.788,383 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........................
Eminent Scholars Program..............

654,747,800
692,559,508 100,000,000
190,131,372 116,000,000 10,000,000
328,875 363,741
0 0 0

2524

JOURNAL OF THE HOUSE,

Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income .....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

750,000 1,110,133,496
27,000,000 216,000,000 209,358,396
3,027,300 654,747,800

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....................................................................!

137,718,008
178,542,229 49,915,234
74,485,198 23,469,674
267,521 1,664,460
1,215,015
2,655,750 2,381,730
158,000
667,324 12,215,450
729,262 600,000 200,000
739,618
206,000 350,112,465
0 73,384,908 139,009,549
0 137,718,008

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Engineering Extension
Division

1,804,450
1,846,918 1,204,089
95,986,875
5,674,928

1,117,542
1,446,918 883,390
11,451,120
1,780,728

MONDAY, MARCH 7, 1988

2525

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

47,642,762
45,171,634 116,715,805
2,786,338 2,294,185
5,539,118 1,743,722
2,275,647 19,425,994 350,112,465

!

31,635,975

!

30,444,934

!

30,723,196

!

2,786,338

!

461,185

!

5,539,118

!

0

!

21,570

!

19,425,994

! 137,718,008

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
5,015,766 5,247,823 10,263,589 4,213,952 6,049,637

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................! 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....................................................................!

66,337,584
41,541,962 3,844,973 1,467,725
156,600
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 3,845,000 66,337,584

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing

4,032,103 9,130,168 4,583,858

4,032,103 9,030,172 4,583,858

2526

JOURNAL OF THE HOUSE,

Field Services Income Tax Unit Motor Vehicle Unit
Central Audit Unit Property Tax Unit Sales Tax Unit Total

$

13,813,874

$

7,482,163

$

16,923,728

$

5,999,893

$

3,938,292

$

4,278,505

$

70,182,584

$

13,723,874

$

6,082,171

$

14,868,728

$

5,999,893

$

3,938,292

$

4,078,493

$

66,337,584

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,950,631
12,974,247 2,381,489
229,000
134,000 80,520
603,675 2,171,939
267,642 608,119
500,000 19,950,631 19,950,631

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

!

2,765,796

!

4,416,997

$

3,671,801

!

1,117,041

!

856,817

!

175,711

!

6,946,468

$

19,950,631

$

2,765,796

$

4,416,997

!

3,671,801

$

1,117,041

$

856,817

$

175,711

!

6,946,468

!

19,950,631

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

!

57,500

$

247,950

!

79,725

$

190,876

$

850

$

4,355

$

7,350

$

46,865

!

24,000

$

153,756

!

21,000

$

132,730

!

92,000

!

542,083

!

55,000

$

847,430

!

55,800

$

292,361

!

13,300

!

29,911

!

64,700

$

300,000

MONDAY, MARCH 7, 1988

S.B. of Registration

for Foresters

$

S.B. of Funeral Service

$

S.B. of Registration for

Professional Geologists

$

S.B. of Hearing Aid

Dealers and Dispensers

$

G.B. of Landscape Architects

$

S.B. for the Certification

of Librarians

$

Georgia Composite Board of

Professional Counselors,

Social Workers and Marriage

and Family Therapists

$

Composite S.B. of Medical

Examiners

$

S.B. of Nursing Home

Administrators

$

G.B. of Nursing

$

S.B. of Dispensing Opticians

$

S.B. of Examiners

in Optometry

$

S.B. of Occupational Therapy

$

S.B. of Pharmacy

$

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....................... Equipment................................................ Computer Charges...................................

3,100
23,000
3,700
7,600 15,800 2,600
32,500 102,000 12,200 78,700
8,600 18,000 9,100 86,500 16,100 6,700 6,600 54,450 13,300 19,900 6,850
5,700 14,500
10,500 43,500
7,500 1,080,225

2527
33,925 219,515
23,511
22,979 46,457
17,932
92,320
1,191,650
67,614 870,040 39,798
63,302 22,728 490,080 68,185 24,177 45,580
489,111
340,254
61,254 31,216
21,824
202,995
33,163 106,657
124,319 7,538,903 1,323,867
804,833 138,070 12,000 17,000 10,510 166,354

2528

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

57,300 16,800 101,000
1,323,867 1,323,867

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,591,571
736,421 135,236 49,000
0 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................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost-of-Living Increases for Local
Retirement System Members....................................................! Floor Fund for Local
Retirement Systems....................................................................! Post Retirement Benefit
Increases for Retirees..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,325,000
2,510,686 243,000 25,500 13,850 924,638 302,500 85,000 300,000
2,425,000
900,000
0 7,730,174 3,325,000

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.............................................................................!

473,551,307 201,183,708

MONDAY, MARCH 7, 1988

2529

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ 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....................................................................!

50,327,324 1,726,750 1,008,600 4,361,648 2,048,045 1,292,155 1,914,586 8,345,601
460,031,518 9,317,013 9,317,000
1,285,000
1,270,000 10,617,972
1,240,000
1,575,000 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

Total Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total

9,317,000
750,000 1,476,831
15,444,089
2,815,000 11,000,000 40,802,920

Section 40. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................... Departmental Operations Budget:
Personal Services.......................................................... Regular Operating Expenses ...................................... Travel............................................................................. Motor Vehicle Purchases ............................................

State Funds 317,000
750,000 976,831
5,692,476
2,815,000 11,000,000 21,551,307
17,183,925
4,268,260 105,096 89,000 0

2530

JOURNAL OF THE HOUSE,

Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay.................................................................................! 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....................................................................!

90,300 4,142 218,397 58,500 15,400
0
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...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,200,471
5,757,217 258,241 62,000 0 43,142 288,131 593,985 95,700 152,055
7,250,471 7,200,471

Section 42. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................!

274,152,959

Section 43. 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 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 contributions for judges and employees of the Court.

MONDAY, MARCH 7, 1988

2531

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 Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 46. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 47. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 48. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 49. Provisions Relative to Section 10, Department of Administrative Services. The Department of Adminstrative Services is authorized to issue a request for proposal for the acquisition of a new mainframe computer; and, to conduct benchmark tests on the computers proposed by vendors which meet specifications. No purchase shall be made until funds are appropriated in a future appropriations bill.
Section 50. Provisions Relative to Section 14, Department of Corrections. The Department of Corrections is authorized to obtain approval for all of the correctional officer series above the correctional officer II level to be up-graded.
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 $1,419.59. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 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 1989.
From the Appropriations in Section 16, funds in the amount of up to $352,000 are seta-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,

2532

JOURNAL OF THE HOUSE,

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, that of the above appropriations relative to Regional Educational Service
Agencies (RESAs), funds will be allocated to each RES A for SPY 1989 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1989 that it contributed during SFY 1988.
Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

Section 52. 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.
The System is further authorized to increase the employer contribution rate by twenty-two one-hundredths of one per cent of salaries to fund the provisions of HB 358.

Section 53. 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 standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 208
315 376 444 508 551 596 633 666 713 763

Maximum Monthly Amount $ 149 226 270 319 364 395 428 454 478 512 547

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 1989 that was authorized in fiscal year 1987.

Section 54. Provisions Relative to Section 28, Merit System of Personnel Administration. The Department is authorized to assess no more than $153.75 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%).

MONDAY, MARCH 7, 1988

2533

The Department is authorized to make a study of grade differentials of captains in the Georgia State Patrol.
Section 55. Provisions Relative to Section 29, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 29 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 29.
From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Commissions which employ Preservation Planners as of July, 1988.
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 Vocational Education.
Section 58. 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 59. 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 purchase of either 1983 or 1990 motor vehicle tags.
Section 60. Provisions Relative to Section 39 Department of Transportation. 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 Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior 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

2534

JOURNAL OF THE HOUSE,

refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 39 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 separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
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 $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 providing funds for the operation of the Employment Service and Unemployment Insurance Programs 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 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 motor vehicles, xerographic equipment and telephonic equipment a matter of special 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.

MONDAY, MARCH 7, 1988

2535

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 Telecommunications Network either directly or indirectly.
Section 69. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under 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 insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
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 whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be 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 Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(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, Postage, 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 administration of the annual operating budget.

2536

JOURNAL OF THE HOUSE,

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 available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 73. Delayed Hiring Factor by Department.

Dept. of Agriculture Dept. of Corrections "A" Dept. of Corrections "B" Dept. of Defense Dept. of Human Resources "A" Dept. of Human Resources "B" Georgia Insurance Comm. Merit System of Pers. Admin. Dept. of Natural Resources Dept. of Public Safety "A" Dept. of Public Safety "B" Public Service Commission Secretary of State Dept. of Veterans Services Workers' Compensation Board

$

64,112

$

4,682,525

$

77,635

$

5,000

$

3,726,020

$

4,310,300

$

800

$

4,456

$

347,031

$

268,000

$

158,000

$

3,077

$

20,569

$

3,706

$

40,220

Section 74. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated $49,582,639 as recommended by the Governor for the purposes described herein: 1.) For full-time employees of the Executive Branch of State government, a 2.5% increase, effective July 1, 1988; 2.) For certified personnel and employees of the Board of Postsecondary Vocational Education, a 3% increase effective September 1, 1988; 3.) For University System employees, a 2.5% increase effective September 1, 1988, for academic contracted personnel and a 2.5% salary increase, effective July 1, 1988, for non-academic personnel, 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 4.) A 2.5% increase 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. The Georgia Building Authority is authorized to provide a 2.5% cost-of-living increase for employees, effective July 1, 1988.
In addition, $596,635 is appropriated for upgrading selected classifications as recommended by the State Merit System, $2,025,000 is appropriated for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System, and $2,300,000 is appropriated to fund HB 358 as passed in the 1988 Regular Session.

Section 75. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 6,254,000,000

MONDAY, MARCH 7, 1988

2537

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.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 1277.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers ClarkJB
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 YDobbs
Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y 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 Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
N McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 164, nays 1. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y 01iver,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 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
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 Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

Representatives Chambless of the 133rd, Lucas of the 102nd, Thomas of the 69th and Johnson of the 123rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HB 1785.

By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

Representative Ware of the 77th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1785 and that a Committee of Conference

2538

JOURNAL OF THE HOUSE,

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 Cummings of the 17th, Ware of the 77th and Milam of the 81st.

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

Representative Ramsey of the 3rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 908 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 Wilson of the 20th, Crosby of the 150th and Ramsey of the 3rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's ruling that the House amendment to the Senate amendment to the House substitute thereto was out of order:

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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

Representative Pannell of the 122nd moved that the House insist on its position in amending the Senate amendment to the House substitute to SB 367 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pannell of the 122nd, Thomas of the 69th and Chambless of the 133rd.

MONDAY, MARCH 7, 1988

2539

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 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to thn minimum salaries of magistrates.

Representative Chambless of the 133rd moved that the House adhere to its position in substituting SB 197 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd.

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 1243. By Representative Edwards of the 112th:
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 chiropractic by allowing chiropractors to utilize nutrition.

Representative Childers of the 15th moved that the House recede from its position in amending the Senate substitute and agree to the Senate substitute to HB 1243.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield Benn
Birdsong Y Bishop Y Bostick Y Branch
Brooks Y Brown
Buck 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 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
Galer
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
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
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
Moore
N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett
Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman

Y Porter Y Powell
Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Sizemore Smith.L Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens

2540

JOURNAL OF THE HOUSE,

Thomas.C YThomas.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 Wilder
Y Williams.B Y Williams,J

Y Wilson Wood
Y Workman Y Yeargin
Murphy,Spkr

On the motion, the ayes were 146, nays 1. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering a substitution in the Committee of Conference thereof:

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.

Representative Dunn of the 73rd requested that he be removed from the Committee of Conference on SB 575.

The request was granted and the Speaker appointed Representative Byrd of the 153rd as a member along with Representatives Snow of the 1st and Watson of the 114th.

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

SB 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 performed on such minor.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the "Parental Notification Act"; to provide that a minor seeking an abortion shall furnish a statement signed by a parent or guardian standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent or guardian of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent or guardian standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her parents or guardian; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of

MONDAY, MARCH 7, 1988

2541

the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juvenile court shall fail to render its decision within 24 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to provide for the preservation of anonymity; to change certain provisions with respect to certain reliance upon certain representations by certain health care providers; to change certain provisions with respect to criminal or civil liability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
Ac1t.5'-11-110. This article shall be known and may be cited as the 'Parental Notification
15-11-111. As used in this article, the term: (1) 'Abortion' means the intentional termination of human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus. (2) 'Unemancipated minor' means any person under the age of 18 who is not or
has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
\L) \n) l nc minor sccKin^ sn flbortion ts sccoiftpdnicd oy ~st pflpcnt or j^usrdiftn find SUCH pftpcnt Of gus?disn siiflli tiiFnisn fln fliiiQQvit signed Dy SUCH pflpcnt &r guardian and such miner attesting that such parent or guardian is the lawful parent or guardian ef such minor; er
(B) Both the miner seeking an abortion and an accompanying adult furnish the physician or other person intending te perform an abortion upon such miner an affidavit signed fey both such miner and accompanying adult te the effect that a parent or, rt tnc minor is SUDJCCI TO jifU8fdiflnsnip, ttic ic^si gusrdifln of sucn mino? 1139
(G) T-he minor, if the miner has ne parent er tegal guardian, and an accompanying adult lurnisn tnc pnysician witn an aitidavit signed by Dotn tnc minor and tnc accompanying adult attesting te tnc tact tnat tne minor docs not nave a parent or a legal guardian and that the person standing in loco parcntis te the minor has been
(1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent or guardian standing in loco parentis and such minor, stating that such parent or guardian is the lawful parent or guardian of such minor and that such parent or guardian has been notified that an abortion is to be performed on such minor; or
(B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent or guardian standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then the abortion may proceed immediately; or
(C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent or guardian standing in loco parentis of the minor at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise

2542

JOURNAL OF THE HOUSE,

sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified clearly expresses that he or she does not wish to consult with the minor, then the abortion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor elects not to comply with the notification requirement of subparagraph (a)(l)(B) er (a)(l)(C) (a)(l)(A), (a)(l)(B), or (a)(l)(C) of this Code sectio^ or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, the any juvenile court in the county state t& which the minor resides or in wfcieh the abortion is te be performed for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in either seh any county, notwithstanding Code Section 15-11-15. 15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted. 15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c) The notification requirement of subparagraph (a)(l)(B) er (a)(l)(C) (a)(l)(A), (a)(l)(B), or (a)(l)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well-informed well enough informed enough to make intelligently the abortion decision en bet own in
consultation with her physician, independently of the wishes of such minor's parent guardian, or person standing in loco parentis; or
{A/ i nflt" trie notice to ft pspent orf rt trie minor t& SUDJCCI to
weuM nt even if such minor is not able to make the abortion decision independently, the desired abortion be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. Stteh reeertl shall preserve the anonymity
ef-the parties. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclu-
sion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The
appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures pro-
vided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal.

MONDAY, MARCH 7, 1988

2543

(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.
15-11-115. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or ef any accompanying adult any other person providing the information required under this article
ing to jjiv dn flitiusvit required under tots srticlc, including out ftot limited toy his er fee* identity, age; marital status, emancipation, and relationship te ay person for whom a affidavit is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit required and information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor."
Section 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 following substitute, offered by Representative Smith of the 152nd, was read:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the "Parental Notification Act"; to provide that a minor seeking an abortion shall furnish a statement signed by a parent, guardian, or person standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her parents, guardian, or person standing in loco parentis; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juvenile court shall fail to render its decision within 24 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to provide for the preservation of anonymity; to change certain provisions with respect to certain reliance upon certain representations by certain health care providers; to change certain provisions with respect to criminal and civil liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

2544

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'
15-11-111. As used in this article, the term: (1) 'Abortion' means the intentional termination of human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus. (2) 'Unemancipated minor' means any person under the age of 18 who is not or
has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
(1) (A) The minor seeking an abortion is accompanied by a parent or guardian and such parent or guardian shall furnish an affidavit signed by such parent or guardian and such minor attesting that such parent or guardian is the lawful parent or guardian of such minor; or
(B) Both the minor seeking an abortion and an accompanying adult furnish the physician or other person intending to perform an abortion upon such minor an affidavit signed by both such minor and accompanying adult to the effect that a parent or, if the minor is subject to guardianship, the legal guardian of such minor has been notified of the intent of the minor to seek an abortion; or
(C) The minor, if the minor has no parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the minor and the accompanying adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion; ad or
(D) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or
(E) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or
(F) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed

MONDAY, MARCH 7, 1988

2545

and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and (2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirement requirements of subparagraph (a)(l)(B)2 er (a)(l)(C)t (a)(l)(D), (a)(l)(E), or (a)(l)(F) of this Code sectio^ or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, the any juvenile court in the county which the HMBOT resides er in which the abortion is te fee performed state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in either streh any county, notwithstanding Code Section 15-11-15. 15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted. 15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed. (c) The notification requirement of subparagraph (a)(l)(B)2 ef (a)(l)(C)2 (a)(l)(D), (a)(l)(E), or (a)(l)(F) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well-informed well enough informed enough to make intelligently the abortion decision en her own in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor.
(d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. Seeh record shall preserve the anonymity ef the parties. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section.

2546

JOURNAL OF THE HOUSE,

15-11-115. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any accompanying adult purporting to give a affidavit required under this article or of any other person providing the information required under this article or an affidavit or statement furnished pursuant to this article, including but not limited to, his or her identity, age, marital status, emancipation, and relationship to any person for whom an affidavit or statement is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit required and or any information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor."
Section 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 following amendment was read and adopted:

Representative Smith of the 152nd moves to amend the floor substitute to SB 621 by striking lines 20 and 21 on page 8 in their entirety and substituting in lieu thereof the following:
"15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.'"

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

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

Y 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 Colwell Y Connell Couch Y Cox Y Crawford Y Crosby Y Cummings.B

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

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

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

MONDAY, MARCH 7, 1988

2547

Y Mueller Y Oliver.C N Oliver.M N 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
Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding N Richardson Y Ricketson
Y Robinson

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

Y Stanley N Steinberg
Y Stephens Y Thomas.C N Thomas.M Y Thompson N Thurmond Y Tolbert 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 Y Williams.J Y Wilson
Wood Workman Y Yeargin Murphy.Spkr

On the adoption of the Floor substitute, as amended, the ayes were 139, nays 16. The Floor substitute, as amended, was adopted.

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

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 N Benn Y Birdsong N 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 Colwell
Y Connell Couch
YCox Y Crawford Y 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
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
Herbert 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 Under
Long YLord Y Lucas N Lupton Y Mangum N Martin
Y McCoy Y McDonald Y McKelvey
N McKinney Y Meadows Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 16.

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

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

Mr. Speaker:

2548

JOURNAL OF THE HOUSE,

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

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.

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 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.

The following Committee substitute was read and withdrawn:

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 or suspension; to provide for revocation of probation and suspension; to provide for procedures connected therewith; 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 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by striking subsection (c) of Code Section 42-8-34, relating to placement of defendants on probation under supervision, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant, except as provided in subsection (d) of this Code section.", and inserting in its place a new subsection (c) to read as follows:
"(c) (1) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or may place the defendant on probation under the supervision and control of a probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed five years in the aggregate in any case or cases, except as provided by subsection (d) of this Code section or as provided in paragraph (9) of this subsection.
(2) In any case in which a sentencing court imposes a period of probation or suspension to follow incarceration, such period of probation or suspension shall not

MONDAY, MARCH 7, 1988

2549

exceed five years in the aggregate. For the purposes of this Code section, any period of state supervision after release from confinement, whether probation supervision or parole supervision, shall accrue in the offender's behalf as time served in accordance with the probationary period imposed by the court, such that in no event shall the offender be supervised for more than five years after release from confinement.
(3) (A) Except as otherwise expressly provided in this Code section and notwithstanding any other provision of law, no court may revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.
(B) At any revocation hearing, upon proof that the defendant has violated any provision of probation or suspension other than by commission of a new felony offense or by violating any special provision authorized by this Code section, the court shall not revoke more than 12 months, but only if there is a county institution other than a county jail available for service of said sentence; and in the absence
of such a county facility, the court shall not revoke more than four months, to be served in a diversion center, probation detention center, shock incarceration unit,
county jail, or other special program or institution provided under the terms of this article.
(C) If the violation of probation or suspension alleged and proven by a pre-
ponderance of the evidence or the defendant's admission is the commission of a felony offense or the violation of a special condition imposed pursuant to this Code
section, notwithstanding any other provision of law, the court may revoke no more than the balance of probation or suspension or three years in confinement, whichever is less.
(4) A court imposing punishment upon a defendant for two or more cases arising out of the same transaction may impose a period of imprisonment in the first case
and may impose a concurrent or consecutive probated sentence or a concurrent or consecutive suspended sentence in the remaining case or cases under the terms provided in paragraph (9) of this subsection.
(5) In cases where convictions occur in different terms of the same court and if
such convictions do not arise out of the same criminal action, the sentencing court may impose a concurrent or consecutive period of probation or suspension in such case
or cases to follow any sentence previously imposed on the defendant by the sentencing court, as limited by paragraph (1) or paragraph (2) of this subsection.
(6) A court may impose any sentence authorized by this Cede section without taking into account or making reference to any sentence imposed in a different judicial circuit.
(7) A court shall not impose a probated or suspended sentence except in accordance with the provisions of this Code section.
(8) The payment of restitution or reparation, costs, or fines ordered by the court
may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the
defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court.
(9) (A) Where the limitation of a probated or suspended sentence to five years will work a demonstrable risk of danger to the victim of the crime charged or be manifestly inadequate a time during which all restitution sums to be paid to the
victim by the defendant can be made, the court may impose a period of probation or suspension in excess of five years which shall follow the initial five-year term of either probation or suspension as a special provision. The sentencing court shall
reduce to writing its findings of facts and circumstances justifying a period of probation or suspension following the five-year term of probation or suspension; and
the court shall specify in the sentence the special provisions warranting the extended period of probation or suspension in order to do justice to the victim in the case.

2550

JOURNAL OF THE HOUSE,

(B) After the expiration of the initial five-year term of the sentence, the sentence so imposed as set forth in subparagraph (A) of this paragraph shall not be revoked on any ground except violation of the special provisions imposed by the court for the protection of the victim or to render justice to the victim.
(C) All sentences in excess of five years imposed pursuant to the exception set forth in subparagraph (A) of this paragraph shall be subject to review as now or hereafter provided by law pursuant to Code Section 17-10-6.
(D) If a material change occurs in the underlying circumstances warranting the imposition of an extended period of probation or suspension as set forth in subparagraph (A) of this paragraph such that the special provisions are no longer necessary to assure justice to the victim, the sentencing court, upon an adequate showing of such material change, shall terminate the balance of the extended portion of the probated or suspended sentence.
(E) In the event that the defendant violates the terms and conditions of probation or suspension of an extended sentence imposed pursuant to subparagraph (A) of this paragraph prior to the expiration of the initial five-year term of the sentence, the sentencing court shall not be authorized to revoke more than the period of probation or suspension specified in subparagraph (C) of paragraph (3) of this Code section, unless the violation alleged and proven by a preponderance of the evidence at the revocation hearing is a violation of the special provisions warranting the extended period of suspension. In that event the court may, in its discretion, revoke any portion or all of the balance of the entire sentence."
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 substitute, offered by Representative Lawson of the 9th, was read:

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 or suspension; to provide for a maximum duration of any period of probation or suspension; to provide for revocation of probation and suspension; to provide for procedures connected therewith; 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 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by adding immediately following Code Section 42-8-34 a new Code section to read as follows:
"42-8-34.1. (a) Notwithstanding any other provision of law, no court may revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.
(b) At any revocation hearing, upon proof that the defendant has violated any provision of probation or suspension other than by commission of a new felony offense or by violating any special provision authorized by this Code section, the court shall not revoke more than 12 months, but only if there is a county institution other than a county jail available for service of said sentence; and in the absence of such a county facility, the court shall not revoke more than four months, to be served in a diversion center, probation detention center, shock incarceration unit, county jail, or other special program or institution provided under the terms of this article.
(c) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense or

MONDAY, MARCH 7, 1988

2551

the violation of a special condition imposed pursuant to this Code section, notwithstanding any other provision of law, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime constituting the violation of the probation.
(d) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court.
(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim of the offense."
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:

Representatives Hamilton of the 124th and Oliver of the 53rd move to amend the floor substitute to SB 434 by striking line 33 of page 2, which reads as follows:
"the victim of the offense.",
and inserting in lieu thereof the following:
"the victim or class of victims as defined by age or gender or by type of crime committed."

Representatives Jackson of the 9th, Walker of the 115th and Lawson of the 9th move to amend the floor substitute to SB 434 by striking line 1 through line 8 of page 2 and inserting in lieu thereof the following:
"than six months to be served in a diversion center, probation detention center, shock incarceration unit, county jail or detention center, or other special program or institution provided under this article. Notwithstanding the previous provisions of this subsection, the court may revoke the balance of probation or two years in confinement, whichever is less, for those defendants sentenced under Code Section 42-8-35.1, relating to special alternatives to incarceration."
The Floor substitute, as amended, was adopted.

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

Y Aaron N Adams.G N Adams.M
N Aiken YAlford Y Alien Y Athon N Atkins Y Bailey

Y Balkcom N Bannister Y Bargeron
Y Barnett.B NBarnett.M NBeck Y Benefield Y Benn
Birdsong

Y Bishop Y Bostick Y Branch
Y Brooks Y Brown Y Buck N Buford Y Byrd N Carrell

Y Carter Y Chambless
Chance
Y Cheeks N Childers
Clark,B N Clark.H N Clark.L N Colbert

Y Coleman Y Colwell
Connell
Couch N Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M

2552

JOURNAL OF THE HOUSE,

Y Davis.G N Davis.M
Dixon Y Dobbs N Dover
Dunn Edwards N Felton Y Floyd Y Foster Galer Godbee N Goodwin Y Green Y Greene Greer N Gresham Y Griffin Groover Y Hamilton Y Manner Y Harri? Y Hasty N Heard Y Hensley N Herbert Y Holcomb

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

N McKelvey McKinney Meadows
N Milam N Milford Y Mobley Y Moody N Moore N Morton N 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 Y Pinkston N Pittman Y Porter N Powell

Y Prichard Y Rainey Y Ramsey.T N Ramsey.V
Y Randall Y Ransom NRay N Reaves Y Redding Y Richardson N Ricketson Y Robinson N Royal
Y Selman
N Shepard N Sherrod Y Simpson Y Sinkfield Y Sizemore N Smith.L N Smith.P Y Smith.T
N Smith, W Y Smyre Y Snow Y Stancil Y Stanley

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

On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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.

The report of the Committee, which was favorable to the 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 N 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

Brooks Y 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
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 Y Felton
Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green
Y Greene Greer
Y Gresham Y Griffin

Groover
N 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 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 Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney
Meadows
Milam Y Milford Y Mobley

MONDAY, MARCH 7, 1988

2553

Y Moody Y Moore Y 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

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 N 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 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 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 147, nays 5. The Bill, having received the requisite constitutional majority, was passed.

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

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 295 Do Pass
Respectfully submitted, /a/ McDonald of the 12th
Chairman

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

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 salaries or wages of their employees contributions or dues to certain charitable associations.

The following Senate amendment was read:

Amend HB 1228 by adding on line 23 of page 1, between the word "association" and the word "whose", the following:
"qualified as an organization exempt under Section 501(c) (3) of the United States Internal Revenue Code of 1986".

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 1228.

2554

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M 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 Brooks Y 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 Couch
YCox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs
Y Dover Dunn Edwards
Y Felton Y Floyd Y Foster
Galer Y Godbee 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
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
Meadows Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 152, nays 0. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller 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 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 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 Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

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

SB 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, so as to provide for a penalty in certain cases in which death is caused by the intentional act of the employer; to provide for a limit on such payment; to provide that such employer shall be deemed to have intended an injury under certain conditions; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2555

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-265 of the Official Code of Georgia Annotated, relating to liability for compensation for death resulting from causes other than injury and payment of compensation for death resulting from injury, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused by the intentional act of the employer with specific intent to cause such injury, then there shall be added to the weekly income benefits paid to the dependents, if any, of the deceased employee a penalty of 20 percent; provided, however, such penalty in no case shall exceed $20,000.00. For the purpose of this subsection, an employer shall be deemed to have intended an injury only if the employer had actual knowledge that the intended act was certain to cause such injury and knowingly disregarded this certainty of injury. Nothing in this subsection shall limit the effect of Code Section 34-9-11."
Section 2. This Act shall become effective July 1, 1988, and shall apply with respect to causes of action arising 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

Y Coleman Y Colwell
Connell Couch
NCox Y Crawford Y Crosby Y Cummings.B
Cumminga.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Green Y Greene Greer Y Gresham Y Griffin Groover Y Hamilton Y Manner
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 N Kingston Y Lane.D Y Lane.R Y Langford N Lawler Y Lawrence
Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin 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 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
Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay
Reaves Y Redding
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 Smith.T Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert Y Townsend
Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson 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, by substitute, the ayes were 140, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2556

JOURNAL OF THE HOUSE,

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

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 Annotated, 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 accountants.

The following Senate amendment was read:

Amend HB 1352 by adding in the title on line 28 of page 1, following the first semicolon and preceding the word "to", the following:
"to exempt certain licensees from requirements of continuing education;".
By renumbering Sections 8 and 9 on page 10 as Sections 9 and 10, respectively, and adding between lines 16 and 17 a new Section 8 to read as follows:
"Section 8. Said chapter is further amended by adding between Code Sections 43-3-36 and 43-3-37 a new Code Section 43-3-36.1 to read as follows:
'43-3-36.1. Notwithstanding any other provisions of this chapter, any licensee who has attained 65 years of age shall be exempt from any continuing professional education requirements of Code Section 43-3-23.2, 43-3-25, or 43-3-29.1.'"

The following amendment was read and adopted:

Representative Hooks of the 116th moves to amend the Senate amendment to HB 1352 by striking on line 16 of page 1 of such amendment the following:
"65",
and inserting in lieu thereof the following: "70".

Representative Hooks of the 116th moved that the House agree to the Senate amendment to HB 1352, 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 Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield
Benn Birdsong

Y Bishop
Y Bostick Y Branch Y Brooks
Y Brown
Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance N Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert

Y Coleman
Y Colwell Connell
Y Couch
Y Cox
Y Cravrford Y Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd

Y Foster
Galer Godbee Y Goodwin
Y Green
Y Greene 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 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

MONDAY, MARCH 7, 1988

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 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
Y Pinkston Y Pittman Y Porter Y Powell

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

On the motion, the ayes were 155, nays 2. The motion prevailed.

2557
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

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 Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 mentally 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 conduct.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 878

The Committee of Conference on HB 878 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 878 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Alex Crumbley
Senator, 17th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A- Thomas, Jr. Representative, 69th District
/s/ Denmark Groover, Jr. Representative, 99th District

Is/ Nathan Dean Senator, 31st District

/s/ Roy L. Alien Representative, 127th District

2558

JOURNAL OF THE HOUSE,

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to proceedings upon a plea of insanity or mental incompetency; to provide for a definition; to prohibit the death penalty and provide for sentencing a defendant to imprisonment for life in certain cases where the defendant is found guilty but mentally ill; to provide for procedures; to provide for applicability; to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing procedures for the Governor to determine the sanity of a person convicted of a capital offense; to provide for definitions; to provide that certain persons 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. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency, and inserting in its place a new Code Section 17-7-131 to read as follows:
"17-7-131. (a) For purposes of this Code section, the term: (1) 'Insane at the time of the crime' means meeting the criteria of Code Section
16-3-2 or Code Section 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
(2) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life ef having a state ef significantly subaverage general tntcllcct/ufli lunctiormig existing concurrently witft detects QT setdp11vc ucftftviop wriicii ori~ inatcs H* the developmental period. However, the term 'mental illness' shall not include a mental state manifested only by repeated unlawful or antisocial conduct.
(3) 'Mentally retarded' means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. (b) (1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty; (B) Not guilty; (C) Not guilty by reason of insanity at the time of the crime; or (D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases? j or (E) Guilty but mentally retarded but the finding of mental retardation shall be made only in felony cases. (2) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or mentally retarded to which the plea is entered. (3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following: (A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this court will maintain custody and control of the defendant until the court is satisfied that the defendant is not a danger to himself or to others. (B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be given over to the Department of Corrections or the Department of Human Resources, as the mental condition of the defendant may warrant.

MONDAY, MARCH 7, 1988

2559

(C) I charge you that should you find the defendant guilty but mentally retarded, the defendant will be given over to the Department of Corrections or Department of Human Resources, as the mental condition of the defendant may warrant.
(c) In all criminal trials in any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime' and 2 'guilty but mentally ill at the time of the crimez and 'guilty but mentally retarded.'
(1) The defendant may be found 'not guilty by reason of insanity at the time of the crime' if he meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(2) The defendant may be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the
defendant is guilty of the crime charged and was mentally ill er mentally retarded at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict.
(3) The defendant may be found 'guilty but mentally retarded' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty
of the crime charged and is mentally retarded. If the court or jury should make such finding, it shall so specify in its verdict.
(d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the
Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall send
a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.
(e) After the expiration of the 30 days evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates
that the defendant does not meet the commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from
custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion
of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The
court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or cur-
rently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40. The
prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at
the hearing. If the judge determines that the defendant meets the commitment criteria of Chapter 3 or 4 of Title 37, the judge shall order the defendant to be committed to
the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled
to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section.
Such rights are:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed

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if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel;
(3) The right to confront and cross-examine witnesses and to offer evidence; (4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest;
(5) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and
(6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable.
(f) A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Human Resources under subsection (e) of this Code section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection:
(1) Application for the release of a defendant who has been committed to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil commitment criteria under Chapter 3 of Title 37 or Chapter 4 of Title 37 may be made to the committing court, either by such
defendant or by the superintendent of the state hospital in which the said defendant is detained;
(2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection
(e) of this Code section; and (3) If the finding of the court is adverse to release in such hearing held pursuant
to this subsection on the grounds that such defendant does meet the civil commitment criteria, a further release application shall not be heard by the court until 12 months
have elapsed from the date of the hearing upon the last preceding application, (g) (1) Whenever a defendant is found guilty but mentally ill at the time of a felony or guilty but mentally retarded, or enters a plea to that effect that is accepted
by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense2 except as otherwise provided in subsection (j) of this Code section. A defendant who is found guilty but mentally ill at the time of the felony or
guilty but mentally retarded shall be evaluated by a psychiatrist or a licensed psychologist from the Department of Human Resources after sentencing and prior to transfer to a Department of Corrections facility. The Board of Human Resources shall develop
appropriate rules and regulations for the implementation of such procedures. (2) If the defendant who is found guilty but mentally ill at the time of the felony
or guilty but mentally retarded is not in need of immediate hospitalization, as indi-
cated by the evaluation, then the defendant shall be committed to an appropriate penal facility and shall be further evaluated and then treated, within the limits of
state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness or mental retardation.
(3) If at any time following the defendant's transfer to a penal facility it is determined that a transfer to the Department of Human Resources is psychiatrically indi-
cated for his mental illness or mental retardation, then the defendant shall be transferred to the Department of Human Resources pursuant to procedures set forth
in regulations of the Department of Corrections and the Department of Human Resources.
(4) If it is determined by the evaluation that the defendant found guilty but mentally ill at the time of the felony or guilty but mentally retarded is in need of immedi-
ate hospitalization, then the defendant shall be transferred by the Department of Corrections to a mental health facility designated by the Department of Human
Resources in accordance with rules and regulations of such departments.

MONDAY, MARCH 7, 1988

2561

(h) If a defendant who is found guilty but mentally ill at the time of a felony or guilty but mentally retarded is placed on probation under the 'State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services.
(i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill at the time of the felony or a plea of guilty but mentally retarded is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant being found guilty or guilty but mentally ill at the time of the crime or guilty but mentally retarded, a copy of any such examination report shall be forwarded to the Department of Corrections with the official sentencing document.
j)_In the trial of any case in which the death penalty is sought which commences on or after the effective date of this subsection, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life."
Section 2. Said title is further amended by striking Article 3 of Chapter 10, 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 reasonable 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 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 provided 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 ci' Human Resources and safely kept and treated as other adjudged insane persons. All th 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 convicted 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:

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JOURNAL OF THE HOUSE,

"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 determined 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 challenge 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 complained 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 challenging 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 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.

MONDAY, MARCH 7, 1988

2563

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 standing 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 evidence, the court shall enter an appropriate order with respect to any scheduled execution 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 notification 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.
17-10-70. (a) Appeals in cases 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 application 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 transcript 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

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JOURNAL OF THE HOUSE,

fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously 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 determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 878.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 92, nays 49. The motion prevailed.

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

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

The Speaker Pro Tem assumed the Chair.

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 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.

MONDAY, MARCH 7, 1988

2565

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1268

The Committee of Conference on HB 1268 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1268 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Harrill L. Dawkins
Senator, 45th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ J- Crawford Ware Representative, 77th District
/s/ Ken Workman Representative, 51st District

/s/ Stumbaugh Senator, 55th District

/s/ Denmark Groover, Jr. Representative, 99th District

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 certain definitions; 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 provide for renewals in cases of termination of agency relationships; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."
Section 2. Said chapter is further amended by inserting immediately following paragraph (2) of subsection (e) of Code Section 33-24-45, relating to cancellation or nonrenewal

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JOURNAL OF THE HOUSE,

of automobile or motorcycle policies, four new paragraphs, to be designated paragraphs (3), (4), (5), and (6) 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;
(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 uniformly 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 driver or with respect to any automobile or its replacement, except when the replacement 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 two 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 residence 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 the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:

MONDAY, MARCH 7, 1988

2567

'NOTICE
Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (6) (A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'"
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this Code section, the term: (1) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of
such insurer to renew. (2) 'Policies' means a policy insuring a natural person as named insured against
direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner.
(3) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew."
Section 4. 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, four new subsections, to be designated subsections (j), (k), (1), and (m) to read as follows:

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"(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:
(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 uniformly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and
(3) Two 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 the provisions of paragraph (1) of this subsection in substantially the form which follows:
'NOTICE
Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.
If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (m) (1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (2) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (1) of this subsection, in substantially the form which follows:
'NOTICE
Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'"
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Ware of the 77th moved that the House adopt the report of the Committee of Conference on HB 1268.

MONDAY, MARCH 7, 1988

2569

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 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 N Cheeks Y Childers
Clark.B Y Clark,H Y Clark.L Y Colbert

Coleman
Y Colwell Connell Couch
YCox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Edwards 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 Hudson
YIsakson Jackson,J
Y Jackson,W
Y Jamieson Johnson.D
Y Johnson.R Y Kilgore Y Kingston
YLane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney Y Meadows Y Milam
Milford Y Mobley Y Moody Y Moore YMorton

On the motion, the ayes were 150, nays 1. 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 Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter
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 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
Waddle Y Waldrep
Walker.C Y Walker.L
YWall Y Ware
Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy ,Spkr

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1348

The Committee of Conference on HB 1348 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1348 be adopted.

FOR THE SENATE:
Is/ J. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ Eleanor L. Richardson Representative, 52nd District

/s/ Culver Kidd Senator, 25th District

/s/ Helen Selman Representative, 32nd District

2570

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for the refusal to reuse kidney dialyzers; to prohibit the reuse of such dialyzers under certain circumstances and prohibit discrimination for refusal to reuse such dialyzers; to provide for sanctions relating thereto; to authorize and direct the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; to provide for the duties of the task force; to provide for reimbursement of expenses incurred by members; to provide for termination of the task force; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, is amended by adding at the end a new Code section to read as follows:
"31-16-7. (a) The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis clinic or provider of kidney dialysis services which is certificated by the State Health Planning Agency may interfere with the exercise of that discretion by:
(1) Requiring the reuse of such dialyzer over the objection of that physician and patient; or
(2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dialyzer and that refusal is based on the patient's informed consent, (b) A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without that compliance."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-16-8 to read as follows:
"31-16-8. (a) The Office of Regulatory Services of the Department of Human Resources is authorized and directed to create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congressional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are appointed to the task force by the Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman.
(b) The task force shall undertake a study of the conditions, needs, issues, and problems involving kidney dialysis centers and recommend rules, regulations, any action, or legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places within the state 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 Code section. Legislative members and citizens members, if any, shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments.

MONDAY, MARCH 7, 1988

2571

All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 31, 1988. The task force shall stand abolished and this Code section shall stand repealed on December 31, 1988."
Section 3. Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1988.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House adopt the report of the Committee of Conference on HB 1348.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield
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
Connell Y Couch YCox
Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis.G Y Davis.M
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
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 Y Lawler Y Lawrence Y Lawson YLee
Y Linder 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

On the motion, the ayes were 154, nays 2. The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orrock Y Padgett Y Pannell N Parham Y Parrish Y Patten Y Peters
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
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,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 Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware
Watson Y Watts Y White
Y Wilder Y WiIliams,B Y Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

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.

2572

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 218

The Committee of Conference on HB 218 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 218 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ HSeanrraitlolrL, .4D5tahwDkiinstsrict
1st Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES: /.s/. ^ean A,,l,ford, Representative, 57th District
/s/ Roy H Watson> Jr. Representative, 114th District

/s/ Paul C. Broun Senator, 46th District

/s/ Hugh Boyd Pettit III Representative, 19th District

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; to provide for definitions; to provide for resolutions; to provide limitations on expenditures of maintenance fees; to place certain duties on certain telephone companies; to provide for a statement of intent; to provide for practices and procedures; to provide for authorization of implementation by local Act or by referendum; to provide exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 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," is amended by striking Code Section 46-5-122, relating to definitions of terms used in the laws relating to emergency telephone number "911" systems, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows:
"46-5-122. As used in this part, the term: (1) 'Division' means the Telecommunications Division of the Department of
Administrative Services. (2) 'Emergency "911" system' means a local telephone exchange service which
facilitates the placing of calls by persons in need of emergency systems by dialing the telephone number '911' and under which calls to '911' are answered by public safety answering points established and operated by the county or municipality subscribing to the '911' service.
(3) 'Enhanced emergency telephone number "911" system' means emergency '911' service that provides the telephone number and location of the calling party to the public safety answering point.
{2} (4) 'Local government' means any city, county, or political subdivision of Georgia and its agencies.
(5) 'Maintenance fee' means any yearly, monthly, or other periodic recurring charge or tariff imposed by a telephone company for installation and operation of an enhanced emergency telephone number '911' system which is in addition to any charge or tariff imposed for operation of a basic emergency telephone number '911' system.

MONDAY, MARCH 7, 1988

2573

4tS) (6) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services.
{4} (7) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services."
Section 2. Said part is further amended by adding at the end thereof a new Code Section 46-5-132 to read as follows:
"46-5-132. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number '911' system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number '911' system and bill such subscribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government.
(b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company providing an enhanced emergency telephone number '911' system to the local government to impose and collect the maintenance fee from telephone subscribers within the area served by such system. The imposition and collection of such fee shall be a condition of doing business in the area served by such system.
(c) The maintenance fee collected for the provision of an enhanced emergency telephone number '911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number '911' system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose.
(d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs.
(e) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) implementation of this Code section by such political subdivision is expressly authorized by a local Act of the General Assembly; or (B) a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a telephone company for the purchase or operation or both of an enhanced emergency telephone number '911' system. (f) The provisions of this Code section shall not apply in any case in which a telephone company notifies the governing authority of a local government that, in view of the existing telephone equipment of the company, the installation of an enhanced emergency telephone number '911' system is not technologically feasible."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House adopt the report of the Committee of Conference on HB 218.
On the motion, the roll call was ordered and the vote was as follows:

2574

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
Benn Birdsong
Y Bishop Y Bostick
Y Branch Brooks
Y 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

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

Y Holmes Y Hooks Y Hudson Y Isakson
Jackson,,] 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 Linder YLong YLord N Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald McKelvey McKinney
Y Meadows Milam
N 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 Phillips Y Pinkston Y Pittman Y Porter Powell
Y Prichard
Y Rainey Y Ramsey.T N Ramsey.V YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Shepard N Sherrod Y Simpson Y Sinkfield

On the motion, the ayes were 147, nays 5. The motion prevailed.

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
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

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

HR 973. By Representatives Watson of the 114th and Lupton of the 25th:

A RESOLUTION
Creating the House Pari-mutuel and Lottery Wagering Study Committee; and for other purposes.
WHEREAS, a number of states have authorized pari-mutuel wagering or lotteries or both; and
WHEREAS, there has been recurring interest in these matters in Georgia but there has not been an organized and thorough study of such matters; and
WHEREAS, such an organized and thorough study should be made with respect to the following issues:
(1) The potential of pari-mutuel and lottery wagering taxes and fees as revenue sources for state and local government in Georgia;
(2) The potential of pari-mutuel and lottery wagering as contributors to state and local economic activity in Georgia;
(3) The type of regulation which is required to ensure that pari-mutuel and lottery wagering do not foster a climate of illegality or immorality;
(4) Whether legislation to authorize pari-mutuel wagering could be accomplished by statute or would require an amendment to the Georgia Constitution;

MONDAY, MARCH 7, 1988

2575

(5) Any and all other issues relevant to the overall advisability of authorizing parimutuel wagering or lotteries or both in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Pari-mutuel and Lottery Wagering Study Committee to be composed of seven 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 conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1988. The committee shall stand abolished on December 31, 1988.

On the adoption of the Resolution, 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 Y Athon
N Atkins Bailey
N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett,M
Beck Y Benefield
Benn Birdsong
Y Bishop N Bostick
Y Branch Brooks
Y Brown YBuck N Buford NByrd N Carrell N Carter
Chambless Y Chance N Cheeks N Childers
Clark.B
N Clark,H Clark.L
N Colbert

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

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

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

On the adoption of the Resolution, the ayes were 64, nays 84. The Resolution was lost.

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

2576

JOURNAL OF THE HOUSE,

Representative Lupton of the 25th moved that the House reconsider its action in failing to give the requisite constitutional majority to HR 973.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 53, nays 105. The motion was lost.

N Mostiler
N Moultrie N 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 N Porter
Powell N Prichard N Rainey N Ramsey.T N Ramsey.V Y Randall N Hansom
YRay N Reaves
Redding N Richardson N Ricketson
Robinson N Royal
N Selman N Shepard
N Sherrod N Simpson Y Sinkfield

N Sizemore
N Smith.L N Smith,P
N Smith.T N Smith, W
YSmyre N Snow N Stancil
Y Stanley Y Steinberg N Stephens
Thomas.C Y Thomas.M N Thompson Y Thurmond N Tolbert Y Townsend Y Triplet! N Twiggs N Waddle N Waldrep
Walker.C N Walker.L Y Wall N Ware Y Watson N Watts
Y White Y Wilder N Williams.B Y Williama.J N Wilson
Wood Y Workman N Yeargin
Murphy.Spkr

The following Resolutions of the House were read and adopted:

HR 1069. By Representatives Workman of the 51st, Aaron of the 56th, Alford of the 57th, Mangum of the 57th and Athon of the 57th:
A resolution commending Thomas Howard Hubbard III.

HR 1070. By Representative Oliver of the 121st:
A resolution congratulating and commending the Claxton High School basketball team.

HR 1071.

By Representatives Chambless of the 133rd, White of the 132nd and Balkcom of the 140th:
A resolution congratulating and commending the Westover High School basketball team.

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

MONDAY, MARCH 7, 1988

2577

SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, 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.

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

Y Aaron Adams.G
Y Adams.M N Aiken Y Alford Y Alien Y Athon N Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M Y Beck
Benefleld 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 Clark.B N Clark.H Y Clark.L Colbert

Coteman 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 Y Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner N Harris Hasty N Heard N Hensley Y Herbert Y Holcomb

Y Holmes Y Hooks Y Hudson
Isakson Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore N 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 McKelvey N McKinney Y Meadows Y Milam Y Milford Y Mobley Y 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
Peters Pettit Y Phillips Y Pinkston Y Pittman Y Porter Powell Y Prichard Y Rainey Y Ramsey.T Ramsey.V Y Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Robinson Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore 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
Twigga Y Waddle Y Waldrep
Walker.C Walker.L Y Wall 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, the ayes were 133, nays 9. The Bill, having received the requisite constitutional majority, was passed.

SB 15. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; 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

N Aiken Y Alford Y Alien

Y Athon N Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett,B
Y Barnett,M YBeck

2578

JOURNAL OF THE HOUSE,

Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambleas Y Chance N Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Couch YCox Y Crawford
Crosby Cummings.B Cummings.M Y Davis.G N 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
Groover Y Hamilton Y Hanner N 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 Y Langford
Y Lawler Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas
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

Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson 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 Stand! Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert N Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White N 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 152, nays 8. The Bill, having received the requisite constitutional majority, was passed.

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 departments 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' Retirement System of Georgia or remain members of a local retirement system.

The following Committee substitute was read and adopted:

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 the Department of Human Resources shall make payments to the governing authority of 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 to partially reimburse such county for expenses incurred by such county in providing retirement system services for employees of the county board and department of health of such county; to provide for definitions; 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 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

MONDAY, MARCH 7, 1988

2579

applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relating to classifications of certain officials and employees, a new Code Section 47-2-297 to read as follows:
"47-2-297. (a) This Code section shall apply only to counties, county boards and departments of health, and employees of county boards and departments of health of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
(b) As used in this Code section, the term: (1) 'Employee' means an employee of a county board or department of health of
a county subject to the provisions of this Code section who: (A) Is a member of a local retirement system; and (B) Would be eligible for membership in and a member of the Employees'
Retirement System of Georgia if employed by a county board or department of health of a county other than a county subject to the provisions of this Code section. (2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (3) 'Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid to such employees from state funds or from state funding sources. (c) The Department of Human Resources shall make payments to the governing authority of a county subject to the provisions of this Code section to partially reimburse the county for the cost incurred by the county in providing for the membership in a local retirement system of each employee. The amount of the payment for each employee shall be an amount equal to three-fourths of the amount which would be paid by the Department of Human Resources as the employer contribution to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. It is specifically provided, however, that such employer contributions shall be based on state compensation paid to the employee or on the amount paid from state funds to the county as compensation for the employee, and any salary supplement to such compensation shall not be considered in the determination of the amount of the employer contribution. (d) The reimbursement payments provided for by subsection (c) of this Code section shall be paid for all service by an employee as a member of a local retirement system which is completed after the date that funding of this Code section begins as provided in subsection (f) of this Code section. When such funding begins, such reimbursement payments shall be paid to the county at the same time employer contribution would be paid by the Department of Human Resources to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. (e) If at any time any employee becomes a member of the Employees' Retirement System of Georgia, the reimbursement payments provided for by this Code section shall cease for that employee on the effective date of membership in the Employees' Retirement System of Georgia. (f) The payments to a county governing authority provided for by this Code section shall be contingent upon appropriations made by the General Assembly to the Department of Human Resources for the purpose of making such payments. To the extent that the General Assembly appropriates less than the amount necessary to pay the full amount provided for by this Code section, the amount otherwise payable shall be reduced in accordance with the amount actually appropriated by the General Assembly."
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 substitute, was agreed to.

2580

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom
N 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 Y Clark,L Y Colbert

Y Coleman Y Cohvell
Connell Y Couch YCox Y Crawford
Crosby
Y Cummings.B Cummings.M
Y Davis.G Y Davis.M N 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 Gtesham 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 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 Lawaon YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney Y Meadows NMilam 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
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 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 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, by substitute, the ayes were 159, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide an additional option; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement benefit upon such revocation or upon the death of the spouse of a retired member when a certain option had been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2581

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) At the time a member qualifies for retirement payments, such member must choose ene ef- three a payment options option provided for in this Code section. A member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated his active employment as a peace officer. A member shall present to the secretary-treasurer a completed application form for retirement benefits. The application shall contain such information as the board shall require. After approval by the board, the secretary-treasurer shall pay to such retired member a monthly sum based on eee ef the throe options listed below the option chosen by the member. If a married member with a spouse then living is unable to choose ene of the three payment options an option provided for in this Code section and to complete an application form because of death, mental incompetency, or other providential cause, then Option Two shall become effective."
Section 2. Said Code section is further amended by adding immediately following subsection (d) a new subsection (d.l) to read as follows:
"(d.l) When Option Two or Option Three is elected, a member may also elect Option 2A or Option 3A. Option 2A or Option 3A shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One and shall consist of the added provision that in the event the spouse predeceases the retired member, the monthly retirement benefit received by the retired member after the death of the spouse shall be equal to the monthly retirement benefit the retired member would be entitled to receive under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year setback for females and monthly annuity functions."
Section 3. Said Code section is further amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) Under either Option Two or Option Three, if the spouse of a retired member who is receiving retirement benefits predeceases the member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. Payments under Options Two and Three, in the event of any such retired member's death, shall be limited to the spouse of such member at the time such member qualifies for retirement benefits. K Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall cease and terminate as of the date of such remarriage.
(2) Under Option Two or Three, or Option 2A or 3A, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse or the retired member may elect to continue under Option Two or Three or Option 2A or 3A for the benefit of the former spouse. Upon any such revocation or upon the death of the spouse of a retired member who had elected Option 2A or 3A, the retired member may elect to begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse and the retired member elected to revoke Option Two or Three or Option 2A or 3A as provided in this paragraph or, in the case of a retired member who had elected Option 2A or 3A, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election

2582

JOURNAL OF THE HOUSE,

and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The option on behalf of the new spouse may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."
Section 4. This Act shall become effective 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M
N Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch 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
Crawford
Crosby Y Cummings.B
Cummings,M Davis.G Y Davis.M Y Dkon 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
Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

Y Holmes Y Hooks Y Hudson
Isakson
Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas N Lupton
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
YParham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston
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 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 N Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L
YWall Y Ware Y Watson Y Watts
White N Wilder Y Wffliams.B Y Williams,J Y Wilson
Wood Y Workman
Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

MONDAY, MARCH 7, 1988

2583

A BILL
To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for an additional optional retirement allowance; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement allowance upon such revocation or upon the death of the spouse of a retired member when a certain option has been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e) of said Code section a new subsection (e.l) and by adding at the end of said Code section a new subsection (h) to read, respectively, as follows:
"(e.l) When option two or three is elected and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter.
(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated or the retired member may elect to continue the optional allowance with the former spouse designated to receive all amounts and benefits upon the death of the retired member. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse and the former spouse was not continued as a beneficiary under the optional allowance after the divorce or, in the case of a retired member who had elected option five, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."
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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G
Adams,M NAiken
Y Alford Y Alien

Y Athon Y Atkins Y Bailey Y Balkcom
Y Bannister Bargeron

Y Barnett,B Y Barnett,M Y Beck Y Benefield
Y Benn Birdsong

Y Bishop Y Bostick Y Branch Y Brooks
Y Brown Y Buck

Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance

2584

JOURNAL OF THE HOUSE,

Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Crawford
Crosby Y Cummings.B
Cummings.M 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 Manner Y Harris Y Hasty
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 Y 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
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
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
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Tolbert Townsend
Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White N Wilder Y 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 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 221. By Senator Timmons of the llth:
A bill to amend Code Section 47-4-80 of the Official Code of Georgia Annotated, 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.

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

Aaron Adams.G Adams.M 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
Benn
Y 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
Clark.B
Y Clark.H Clark,L
Y Colbert Y Coleman
Colwell
Connell
Y Couch 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 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
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 Y Pannell Y Parham Y Parrish Y Patten Y Peters

MONDAY, MARCH 7, 1988

2585

Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Powell
Y Prichard Y Rainey YRamsey.T Y Ramsey.V Y Randall Y Ransom

Y Ray Y Reaves Y Redding Y Richardson
Y Ricketaon 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 Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall

Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J Y Wilson
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.

SB 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
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 Programs for the Blind; 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.

The following Committee substitute was read and adopted:

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 Programs for the Visually Impaired and 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 for a director and staff; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new chapter, to be designated Chapter 6, to read as follows:
"CHAPTER 6
30-6-1. (a) There is established the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3.
(b) The commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of two years. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the areas of problems of the visually impaired and the hearing impaired and, to the extent practicable, shall represent private nonprofit agencies or individual professions which have special expertise or community involvement specifically in such areas.
(c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(d) The initial terms for all members shall begin July 1, 1988. (e) Membership on the commission shall not constitute public office and no member shall be disqualified from holding public office by reason of his membership.

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JOURNAL OF THE HOUSE,

(f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
30-6-2. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from funds appropriated to the Department of Human Resources.
30-6-3. (a) The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Advise governing boards of agencies such as the Board of Human Resources and the State Board of Education regarding rules and regulations for programs affecting the visually impaired and the hearing impaired; (5) Evaluate areas of need among visually impaired and hearing impaired persons in this state; (6) Monitor existing programs for the visually impaired and the hearing impaired to assure maximum benefits and competent administration; (7) Plan, program, and recommend future courses of action for agencies such as the Department of Human Resources and the Department of Education; (8) Provide expertise to agencies such as the Department of Human Resources and the Department of Education regarding administrative decisions in programs for the visually impaired and the hearing impaired; (9) Seek new and increased funding for programs from federal and private sources; (10) Oversee federal funds expenditures and aid in maintaining compliance with regulations governing federal grants; and (11) Report annually to the Board of Human Resources and to the General Assembly regarding the activities of the commission. (b) The commission shall be authorized to appoint a director and such staff as is necessary to carry out the provisions of this chapter. The compensation and expenses of such director and staff shall be paid from funds of the Department of Human Resources. 30-6-4. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problems faced by the visually impaired and the hearing impaired, improve coordination among state agencies that provide services, and improve the condition of visually impaired and hearing impaired persons in this state who are in need of services. 30-6-5. The Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired shall be abolished as of July 1, 1990, at which time this chapter shall stand repealed in its entirety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

MONDAY, MARCH 7, 1988

2587

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
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 Cummings.M Davis.G
N Davis.M Y Dixon Y Dobbs Y Dover
Dunn N Edwards Y Felton
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
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 N 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 YMorton

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 N Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding N Richardson
Y Ricketson Robinson
Y Royal
N 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 N Stancil
Y Stanley Y 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 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, by substitute, the ayes were 142, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

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 unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.

The following amendment was read and adopted:

The Committee on Industry moves to amend SB 648 by striking from line 17 of page 3 the following:
"14 days", and inserting in its place the following:
"ten days" By striking from lines 1 and 9 of page 4 the following: "fourteenth", and inserting in its place the following:

2588 "tenth"

JOURNAL OF THE HOUSE,

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

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 Y Bostick
Y Branch Brooks
Y Brown YBuck Y Buford
Byrd 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 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 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 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
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 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 Richardson
Y 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
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 Y 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

HR 1072. By Representative Byrd of the 153rd: A resolution congratulating Mr. and Mrs. Emory Watkins.

Representative Steinberg of the 46th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 1073. By Representatives Alford of the 57th, Chambless of the 133rd, Murphy of the 18th, Thompson of the 20th, Williams of the 48th and others:
A resolution commending Honorable Cathey W. Steinberg.

MONDAY, MARCH 7, 1988

2589

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 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 performed on such minor.

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

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, Baldwin of the 29th and McKenzie of the 14th.

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

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

The President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, McKenzie of the 14th and Barnes of the 33rd.

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 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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

Representative Thomas of the 69th moved that the House adhere to its position in substituting SB 573 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.

2590

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 Pannell of the 122nd, Childers of the 15th and Thomas of the 69th.

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

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide for certain standards; to provide that the State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction and shall establish standards for its administration; to provide for certain topics of instruction; to provide for minimum periods of instruction; to provide for a manual for such course of study; to provide for implementation of such minimum course of study or its equivalent; to provide for noncompliance; to provide that a parent or guardian may elect that a child not receive such course of study; to change the provisions relating to the age of children to which compulsory school attendance shall apply; to prohibit any facility operated on public school property or operated by a public school district or any employee thereof acting within the scope of such employee's employment from providing certain health services to public school students; to limit the funding for the distribution of certain items; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding a new Code section immediately following Code Section 20-2-142, to be designated Code Section 20-2-143, to read as follows:
"20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local

MONDAY, MARCH 7, 1988

2591

community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome.
(b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
(c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.
(d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 20-2-690.1, relating to the age of children to which compulsory school attendance applies, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences."
Section 3. Said chapter is further amended by striking Code Section 20-2-693, relating to exceptions to compulsory school attendance, in its entirety and substituting in lieu thereof a new Code Section 20-2-693 to read as follows:
"20-2-693. (a) Children between their seventh sixth and sixteenth birthdays who are excused from attendance in public school by county or independent school system boards in accordance with general policies and regulations promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community.
(b) Children between their seventh sixth and sixteenth birthdays who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart."
Section 4. Said chapter is further amended by adding a new Code section immediately following Code Section 20-2-772, to be designated Code Section 20-2-773, to read as follows:

2592

JOURNAL OF THE HOUSE,

"20-2-773. (a) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such employee's employment shall provide any of the following health services to public school students:
(1) Distribution of contraceptives; (2) Performance of abortions; (3) Referrals for abortion; or (4) Dispensing abortifacients. (b) The Department of Education and local units of administration are prohibited from utilizing state funds for the distribution of contraceptives."
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 and lost:
Representative Cummings of the 17th moves to amend the Committee substitute to SB 352 as follows:
On Line 17, Page 3, delete "have the right to"; and delete the word "not" on Line 18, Page 3, and insert in lieu thereof "is to".

The following amendment was read:
Representative Dover of the llth, et al, move to amend the House Committee on Education substitute to SB 352 by striking the word "to" where it appears at the end of line 17 on page 1; by striking all language in line 18 on page 1; and by striking the words "which compulsory school attendance shall apply;" from line 19 on page 1.
By striking Sections 2 and 3 in their entirety and by renumbering Sections 4, 5, and 6 as Sections 2, 3, and 4, respectively.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

Y Kilgore Y Kingston Y Lane.D
Lane.R N Langford Y Lawler
Y Lawrence Lawson
Y Lee Y Linder Y Long Y Lord N Lucas Y Lupton N Mangum
Y Martin N McCoy N McDonald Y McKelvey Y McKinney N Meadows Y Milam
Milford Y Mobley
Y Moody N Moore Y Morton

N Mostiler N Moultrie N Mueller
N Oliver.C Y Oliver.M Y Orrock
Y Padgett Y Pannell N Parham N Parrish
Patten N Peters Y Pettit Y Phillips
Pinkston
N Pittman N Porter
Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom
Y Ray Reaves
N Redding

MONDAY, MARCH 7, 1988

2593

N Richardson Y Ricketson Y Robinson N Royal Y Selman
YShepard N Sherrod N Simpson N Sinkfield

Y Sizemore N Smith.L Y Smith,? Y Smith.T Y Smith,W
Y Smyre N Snow Y Stand I Y Stanley

N Steinberg N Stephens Y Thomas.C N Thomas.M Y Thompson
N Thurmond Y Tolbert Y Townsend Y Triplett

Y Twiggs Y Waddle Y Waldrep N Walker.C N Walker.L
Y Wall Y Ware N Watson N Watts

N White Wilder Williams.B
N Williams,J N Wilson
Wood N Workman N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 92, nays 64. The amendment was adopted.

An amendment, offered by Representative Shepard of the 71st, was read and withdrawn.

The following amendments were read and lost.

Representative Davis of the 45th moves to amend the Committee substitute to SB 352 as follows:
"anByy".striking on Line 15, Page 5, the word "state" and inserting in lieu thereof the word

Representative Clark of the 20th moves to amend the Committee substitute to SB 352 as follows:
(1) By deleting on Page 2, Line 8, "such grades and grade levels" and inserting "grades 6 through 12";
(2) By placing a period after the word "system" on Line 9 and delete the rest of the sentence.
Representatives Shepard of the 71st and Kingston of the 125th move to amend the Committee substitute to SB 352 as follows:
By adding on Page 3, after Subsection (d) a new Subsection (e) to read as follows:
"(e) The course of study shall not be coeducational.".
Representative Cummings of the 17th moved that the House reconsider its action in failing to adopt the Cummings amendment to SB 352.
On the motion, the roll call was ordered and the vote was as follows:

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

Bishop N Bostick
Y Branch N Brooks Y Brown Y Buck
Buford
Y Byrd Y Carrell N Carter N Chambless
Y Chance Y Cheeks Y Childers N Clark,B Y Clark.H
Clark.L Y Colbert

Coleman N Colwell
Y Connell N Couch N Cox
Crawford N Crosby
Y Cummings,B N Cummings.M N Davis.G Y Davis.M
Y Dixon N Dobbs N Dover
Dunn Y Edwards N Felton Y Floyd

Y Foster Y Galer
Y Godbee Y Goodwin N Green Y Greene Y Greer
Y Gresham Y Griffin N Groover N Hamilton
N Hanner N Harris Y Hasty
Heard Y Hensley N Herbert Y Holcomb

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

2594

JOURNAL OF THE HOUSE,

N Linder YLong
Lord N Lucas N Lupton
Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows N Milam
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 N Parrish
Patten Y Peters N Pettit N Phillips
Pinkston N Pittman Y Porter Y Powell

N Prichard Y Rainey N Ramsey.T N Ramsey.V N Randall N Ransom
Ray Reaves N Redding Y Richardson N Ricketson Y Robinson Y Royal N Selman Y Shepard Y Sherrod N Simpson N Sinkfield

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

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

On the motion, the ayes were 79, nays 79. The motion was lost.

Representative Kingston of the 125th moved that the House reconsider its action in failing to adopt the Shepard-Kingston amendment to SB 352.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 55, nays 101. The motion was lost.

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

The Committee substitute, as amended, was adopted.

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

MONDAY, MARCH 7, 1988

2595

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

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

Coleman N Colwell Y Connell Y Couch NCox N Crawford Y Crosby
Y Cummings.B Y Cummings,M Y Davis.G N Davis.M Y Dixon
Dobbs Y Dover
Dunn N 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 N Holcomb

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

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orrock N Padgett Y Pannell Y Parham Y Parrish
Patten N Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter N Powell Y Prichard N 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 N Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 redesignate certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section VI of the Constitution is amended by striking Paragraph VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows:
"Paragraph VI. Gratuities, (a) Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to

2596

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forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution.
(c) The General Assembly may provide by law and may expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.
{e} (d) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.
{e) (e) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.
(f) The General Assembly is authorized to provide by law for compensating innocent victims of crimes which occur on and after July l^ 1989. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized 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."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and 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 such purpose?"

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

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

Y Aaron
Y Adams.G Adams.M
Y Aiken Alford
Y Alien
YAthon Y Atkins
Y Bailey

Y Balkcom
Y Bannister Y Bargeron Y Barnett,B YBarnett,M Y Beck
YBenefield 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 Clark.L
Y Colbert

Coleman
Y Colwell Y Connell Y Couch Y Cox Y Crawford
Crosby Y Cummings,B
Y Cummings.M

MONDAY, MARCH 7, 1988

2597

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 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
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
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 Orrock
Y Padgett Y Pannell
Parham Parrish 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
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
Smith.T Y Smith, W Y Smyre
YSnow Y Stancil Y Stanley

Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Y Thompson Thurmond
Y 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 Y Williams,J Y Wilson
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 two-thirds constitutional majority, was adopted.

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition.

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 magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition; to require all sheriffs to have a high school diploma or its equivalent; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking from Code Section 15-10-2, relating to the jurisdiction of magistrate courts, the word "and" at the end of paragraph (10), by replacing the period at the end of paragraph (11) with the symbol and word "; or", and by adding thereafter a new paragraph (12) to read as follows:
"(12) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46."
Section 2. Said title is further amended by striking subsection (g) of Code Section 15-16-1, relating to qualifications of sheriffs, and inserting in its place a new subsection (g) to read as follows:
"(g) The requirements of subparagraphs (c)(l)(D); (c)(l)(E), and (c)(l)(H) of this Code section and the requirements of subsections (d) and (e) of this Code section shall

2598

JOURNAL OF THE HOUSE,

be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years."
Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1988.
(b) Section 2 of this Act shall become effective January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Adams.M Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y 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 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
Cox 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
Galer Y Godbee Y Goodwin Y Green
Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
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 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 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
Pannell Par ham Parrish 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 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 Y Snow 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
Walker.C Y Walker.L
Wall Y Ware Y Watson Y Watts
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 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

MONDAY, MARCH 7, 1988

2599

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by striking Code Section 40-5-53, relating to when courts are to send licenses and reports of convictions to the Department of Public Safety, and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within 15 days after the conviction.
{&*} Every court having jurisdiction ever offcnscs committed under this chapter er any other law ef this state e? ordinance adopted by a teeal authority regulating the oper-
8tlCH Or WlOtOP VCfllClCS On illgnwftys 9110.11 lOPWflTd tO tile dC pftFtmen t, Wltnin ten QflyS
flitcp tne COMviction of flny person ~m sucn court TOT ~8 violfltion 'Of flny sucn ~4dW otner tnftn pegulQ11ons governing stfinding OF pdr.kmg, ~d uniform citfttion IOPIB ftutnorizcd Dy Article x of xjiiflpter TO of inis title, ^t ne depsriment snflii psy to tnc cicrK of tnc court forwarding the report 36* for each report forwarded; and notwithstanding any general Of ioc&i iflw to tne contrflry( tne clerR snsii pctflin sucn &$ ice "fts fldd111onsi compen sfltion.
(b.2) (b) Every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the such court forwarding the report 25C for each report forwarded; and in those cases where the clerk receiving such 25* fee is compensated solely on a fee basis, the clerk shall retain such 25<t fee as additional compensation. In those cases where the clerk receiving such 25<t fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Thomas of the 69th moves to amend the committee substitute to SB 545 by striking the phrase "Article 3 of on lines 1 and 11 of page 1.
By striking the phrase "cancellation, suspension, and revocation of where it appears on lines 3 and 13 of page 1.
By adding after the first semicolon on line 8 of page 1 the following:
"to provide for recommendations by certain officers of the Uniform Division of the department with respect to the issuance of drivers' licenses; to provide for related matters;".

2600

JOURNAL OF THE HOUSE,

By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by adding at the end of Article 2 a new Code Section 40-5-37 to read as follows:
'40-5-37. (a) As used in this Code section the term "local command level officer" means, with respect to each department facility where drivers' licenses are issued, any officer of the Uniform Division of the department who is assigned to any post, district, or other area within which the facility is located and who holds the rank of sergeant first class or higher.
(b) In any case in which a license examiner has determined that a driver's license will not or may not be issued to an applicant, any local command level officer may make a recommendation with respect to the issuance of a license to the applicant. The driver's license examiner shall follow the recommendation of the local command level officer unless the driver's license examiner makes and submits to the local command level officer a specific and detailed written finding that the course of action recommended by the local command level officer is prohibited by law.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

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

On the adoption of the amendment, the ayes were 35, nays 99. The amendment was lost.

N Sizemore
N Smith.L N Smith.P
Smith.T
N Smith,W N Smyre N Snow
Y Stancil Stanley Steinberg
Y Stephens Y Thomas.C N Thomas.M Y Thompson Y Thurmond N Tolbert Y Townsend Y Triplett
Twiggs Waddle N Waldrep Y Walker.C Walker.L N Wall Ware
N Watson N Watts N White
Wilder Y Williams.B
Williams.J Y Wilson
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 substitute, was agreed to.

MONDAY, MARCH 7, 1988

2601

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

Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
Orrock Y Padgett Y Pannell
Par ham Parrish Patten Y Peters Y Pettit Phillips Pinkston Y Pittman Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Setman 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 Y Walker.C Y Walker.L YWall
Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J
Wilson
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 substitute.

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

Mr. Speaker:
The Senate has rejected the report of the Committee of Conferrence 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 Annotated, relating to definitions concerning public utilities and public transportation, 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 of the House and Senate were taken up for consideration and read the third time:

2602

JOURNAL OF THE HOUSE,

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 ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.

The following amendment was read and adopted:

Representatives Mueller of the 126th and Davis of the 45th move to amend SB 407 as follows:
By reinserting the stricken language on the following Pages and Lines:
Line 28, Page 2, Lines 22 and 23, Page 3, Line 11, Page 6, and Lines 18 and 19, Page 7.

An amendment, offered by Representative Holmes of the 28th, was read and withdrawn.

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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

The following Committee substitute was read:

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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick; to authorize a supervisor to require that an employee who is absent from work on sick leave for three or more days to provide written confirmation of such illness or incapacity by a medical practitioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by adding at the end thereof a new Code Section 45-20-16 to read as follows:
"45-20-16. Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave at any time that the employee is sick; provided, however, that, if an employee is absent from work on sick leave for three or more

MONDAY, MARCH 7, 1988

2603

days within a 60 day period, the employee's supervisor may require the employee to provide written confirmation of such illness or incapacity by a medical practitioner licensed under Chapter 34 of Title 43; provided, further, that whenever an employee is sick and absent from work the employee shall report each day by telephone to the appropriate authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Johnson of the 72nd and Milford of the 13th move to amend the State Planning and Community Affairs Committee Substitute to SB 124 by inserting in line 9 on page 1 between the word and semicolon "practitioners;" and the word "to" the following:
"to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of former employees to continue coverage in the state employees' health insurance plan, so as to change the provisions relating to the continuation of coverage of former members of the General Assembly;".
By renumbering Section 2 as Section 3 and by adding a new Section 2 to read as follows:
"Section 2. Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to the right of former employees to continue coverage in the state employees' health insurance plan, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-18-10 to read as follows:
'45-18-10. Any other provision of this article to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in Code Section 45-18-1, shall be entitled to continue full coverage and participation, including coverage for his spouse and dependent children, in the health insurance plan upon the payment of an annual premium to be fixed by the board; and, in addition thereto, any member of the General Assembly who ccaacs ceased to hold office as such at any time after Jtriy January 1, 1981, and who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and who does not withdraw employee contributions from such public retirement system, shall be entitled to continue full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by continuing to pay to the board the monthly premium which is paid by an active state employee. The annual premium provided for in this Code section must be paid within 30 days following receipt of a notice of premium to be sent to such person by the board. If the annual premium is not paid within such time limit, such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. This Code section shall not affect the rights otherwise available under this article to retired employees and their spouses and dependents. The board is authorized to establish terms and conditions for participation which the board shall deem appropriate and which are not in conflict with this Code section.'"

Representative Lane of the 27th, et al, move to amend the House substitute to SB 124 as follows:
On page 1, line 21, delete the word "three" and insert "four"; also, on page 1, line 22, delete the words "60 days" and insert "one year".

The Committee substitute, as amended, was adopted.

2604

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G
Adams.M N Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom N 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 Chance Y Cheeks Y Childers Y Clark,B Clark,H Y Clark.L Y Colbert

Coleman
Y Colwell Y Connell Y Couch YCox
Crawford
N Crosby Y Cummings^ Y Cummings.M
Y Davis.G Y Davis.M
Dixon YDobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster YGaler
YGodbee YGoodwin Y Green Y Greene Y Greer
N Gresham Y Griffin Y 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 Jackson.W 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
Long YLord
Lucas Lupton Y Mangum Y Martin YMcCoy N McDonald Y McKelvey Y McKinney Y Meadows Milam Y Milford Y Mobley Y Moody Y Moore YMorton

Y Mostiler
N Moultrie Mueller
Y Oliver.C Y 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 Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom NRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson N Royal Y Selman N Shepard
N 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
Y Thomas.C Y 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
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, by substitute, as amended, the ayes were 136, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 580. By Representatives Wilson of the 20th, Coleman of the 118th, Pinkston of the 100th, Walker of the 115th and others:

A RESOLUTION
Creating the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; and for other purposes.
WHEREAS, postsecondary vocational-technical schools, programs, and services are necessary to provide for a comprehensive program of career, occupational, and vocationaltechnical education and training for the people of this state; and
WHEREAS, the primary purpose of postsecondary vocational education is to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and
WHEREAS, postsecondary vocational education also provides a system of schools which is a full partner in the economic development and expansion of the state's economic

MONDAY, MARCH 7, 1988

2605

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; and
WHEREAS, the postsecondary vocational education institutions of the state lack sufficient funding and equipment to address adequately the ever increasing demand for the necessary and specialized educational services and opportunities which they provide.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee to be composed of eight members of the House appointed by the Speaker of the House of Representatives, one of whom shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of postsecondary vocational education laboratory and equipment needs and, in connection therewith, the cost of funding the purchase of adequate equipment and materials and library research needs so as to enable our state to utilize to its maximum potential existing and new industries which will provide employment to a large number of vocationally trained workers in Georgia. The committee is authorized to seek the advice and counsel of persons knowledgeable in the field of postsecondary vocational education, the chairman of the State Board of Postsecondary Vocational Education, and other persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall not receive the same for more than five days unless additional days are authorized. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The State Board of Postsecondary Vocational Education shall provide such technical assistance and engineering and other expertise to the committee as may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1988. The committee shall stand abolished on December 1, 1988.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1988 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.

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

Y Aaron Y Adams.G
Adams.M Y Aiken
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
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 Y Clark.L Y Colbert
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
Dunn
Edwards Y Felton
Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene

Y Greer Y Gresham
Y Griffin Y Groover
Hamilton Hanner
Y Harris Y Hasty
Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks
Hudson

2606

JOURNAL OF THE HOUSE,

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 YLong YLord
Lucas Lupton Y Mangum

Y Martin YMcCoy
McDonald Y McKelvey
McKinney Y Meadows
Mitam Y Milford
Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orrock
Padgett Pannell
Y Parham

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

Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Smith.W Y Smyre
Snow Stancil
Y Stanley Y Steinberg
Stephens
Thomas.C Y Thomas.M Y Thompson
Thurmond

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

On the adoption of the Resolution, the ayes were 136, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1785.

By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1785

The Committee of Conference on HB 1785 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1785 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Hudgins Senator, 15th District
/s/ A. Quillian Baldwin, Jr. Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cummings Representative, 17th District
/s/ Ware Representative, 77th District

/s/ McKenzie Senator, 14th District

/s/ Milam Representative, 81st District

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to change the provisions relating to levy of county taxes for the purchase of foods for school lunch purposes; to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2607

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended in Code Section 48-5-220, relating to purposes of county taxes, by striking paragraph (18) in its entirety and substituting in lieu thereof a new paragraph (18) to read as follows:
"(18) For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII of the Constitution of this state, to provide for payment of costs and expenses incurred in the purchase, replacement, and maintenance of school lunchroom equipment, purchase of school lunchroom supplies, transportation, storage, and preparation of foods, all other costs and expenses incurred in the operation of school lunch programs; bat excluding purchase ef foods;".
Section 2. Said chapter is further amended by striking in its entirety Code Section 48-5-350, relating to the municipal power to levy and collect tax to provide funds for municipal development authorities, and inserting in lieu thereof a new Code Section 48-5-350 to read as follows:
"48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its development authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed one miH three mills per dollar upon the assessed value of the property; provided, however, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not prevent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The exceptions to the one three mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984."
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 Ware of the 77th moved that the House adopt the report of the Committee of Conference on HB 1785.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M
Y Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y 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 Y Clark.B
Y Clark.H Y 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
N Dixon Dobbs
Y Dover Dunn Edwards
Y Felton
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
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 N Johnson.R Y Kilgore N Kingston Y Lane.D Y Lane.R Y Langford
Lawler N Lawrence

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

2608

JOURNAL OF THE HOUSE,

N Mueller Y Oliver.C
Oliver ,M Orrock Y Padgett Y Pannell Y Pajrham Y Parrish Patten Y Peters Y Pettit Phillips Y Pinkston
Y Pittman

Porter Y Povrell Y Prichard Y Rainey Y Ramaey.T Y Ramsey.V
Randall Y Ransom YRay
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 YSnow Y Stancil

Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Tolbert Y Townsend Y Triplett
Twiggs
N 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 Workman
Y Yeargin Murphy.Spkr

On the motion, the ayes were 133, nays 11. The motion prevailed.

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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1365

The Committee of Conference on HB 1365 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1365 be adopted.

Respectfully submitted,

FOR THE SENATE:
Is/ Glenn E. Bryant Senator, 3rd District
/s/ James W. Tysinger Senator, 41st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton Colwell Representative, 4th District
// Denmark Groover, Jr. Representative, 99th District

/s/ Paul C. Broun Senator, 46th District

/s/ Henry Bostick Representative, 138th District

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 property, so as to provide that, the provisions of any other laws of this state to the contrary notwithstanding, certain named state authorities shall not be authorized to sell real property; to provide for exceptions; 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 16 of Title 50 of the Official Code of Georgia Annotated, 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 follows:

MONDAY, MARCH 7, 1988

2609

"50-16-3.1. (a) As used in this Code section, the term 'state authority' means: (1) The Georgia Building Authority (Hospital) provided for in Article 2 of Chapter
7 of Title 31; (2) The Jekyll Island State Park Authority provided for in Part 1 of Article 7 of
Chapter 3 of Title 12; or (3) The Stone Mountain Memorial Association provided for in Part 4 of Article 6
of Chapter 3 of Title 12. (b) The provisions of any other laws of this state to the contrary notwithstanding, no state authority shall be authorized to sell real property; 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."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Colwell of the 4th moved that the House adopt the report of the Committee of Conference on HB 1365.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M Y Aiken
Alford Y Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Y Buford YByrd
Carrel) Y Carter Y Chambless
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 Y Cummings.M Y Davis.G Y Davis.M
Y Dixon 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
Hamilton Hanner 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
Lane.R Y Langford
Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum N Martin Y McCoy
McDonald Y McKelvey
McKinney Y Meadows
Milam Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 145, nays 1. The motion prevailed.

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
Phillips Y Pinkston
Y Pittman Porter
Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Eandall 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 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 Y Wilson
Wood Workman Y Yeargin Murphy,Spkr

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

HB 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 Annotated, relating to definitions concerning public utilities and public transportation, so as to change certain provisions relating to the definition of the term "motor common carrier and motor contract carrier".

2610

JOURNAL OF THE HOUSE,

Representative Watson of the 114th moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Watson of the 114th, Pettit of the 19th and Kilgore of the 42nd.

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

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 573

The Committee of Conference on SB 573 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 573 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ WSeanyantoer,G3a0rntherDistrict
/s/ Roy E. Barnes benator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jlm Panne11 Representative, 122nd District
/g/ E M Childers Representative, 15th District

/s/ Carl Harrison Senator, 37th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for exceptions; to clarify an age requirement; to change certain recertification requirements; to provide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substitute the term "paramedic" for "advanced emergency medical technician"; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 7, 1988

2611

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-2, relating to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term: (i) 'Advanced emergency medical technician' means a person who has been certi-
IIGQ Dy WIG composite otflt/c DOflP t of iViCciicQi HjXflHfiinci*9 filter nsviii^ tjceri trsmcQ in emergency eare techniques in an advanced emergency medical technician training eetse approved by the Department of Human Resources.
(3) (1) 'Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter.
{3} (2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
{4} (3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources.
{&} (4) 'Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
{6} (5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners.
{7} (6) 'Composite board' means the Composite State Board of Medical Examiners. {8) (7) 'Emergency medical services system' means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions { 1 occurring either as a result of the patient's condition or as a result of natural disasters or similar situations) i and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.
{9} (8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system. fH)} (9) 'Emergency medical technician' means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department, (tt) (10) 'First responded means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. 02} (11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15. {13} (12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
{14} (13) 'License' when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.

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JOURNAL OF THE HOUSE,

(i&) (14) 'License officer' means the commissioner of human resources or his designee.
ft) (15)'Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15.
(16) 'Paramedic' means any person who has been certified as an advanced emergency medical technician by the composite board before July 1 1988, or any person who has been certified by that board on or after July l^ 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July 1^ 1988, as paramedics.
(17) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
(18) 'Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
(19) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter."
Section 2. Said chapter is further amended by striking in its entirety Code Section 31-11-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the department and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regulation, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9j the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 3. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certifying and recertifying advanced emergency medical technicians paramedics and cardiac technicians. An applicant for initial certification as a advanced emergency medical technician a paramedic or a cardiac technician must:

MONDAY, MARCH 7, 1988

2613

(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has completed a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the composite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board. (b) The department shall also adopt procedures and standards for its approval of advanced emergency medical technician paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter."
Section 4. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, advanced emergency medical technicians paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, advanced emergency medical technicians paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, advanced emergency medical technician paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 5. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to advanced emergency medical technicians paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 6. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, advanced emergency medical technicians paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to

2614

JOURNAL OF THE HOUSE,

this subsection other than those authorized by the other subsections of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate authorized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for advanced emergency medical technicians paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed during a fiveyear period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 7. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its entirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, advanced emergency medical tcchniciana paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion

MONDAY, MARCH 7, 1988

2615

of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics in any area in which they are already authorized to render such services."
Section 8. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by advanced emergency medical technicians paramedics, emergency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, advanced emergency mcdieal technician's paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified advanced emergency medical technician paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 10. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows:
"(A) Are certified as emergency medical technicians, advanced emergency medical technicians paramedics, or cardiac technicians by the Beatd ef- Human Resources under Chapter U of Title 31; and".
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House adopt the report of the Committee of Conference on SB 573.

2616

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G
Adams,M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister N 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
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 Y Connell Y Couch
N Cox Y Ctawford Y Ctosby 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 N Godbee Y Goodwin N Green
Greene
Greer Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard
Hensley Y Herbert Y Hokomb

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 Lawaon YLee Y Under YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald 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
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 Y 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 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
Wood Workman
Y Yeargin Murphy.Spkr

On the motion, the ayes were 145, nays 4. The motion prevailed.

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 Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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 performed on such minor.

Representative Smith of the 152nd moved that the House insist on its position in substituting SB 621.
The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

MONDAY, MARCH 7, 1988

2617

HB 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 776

The Committee of Conference on HB 776 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 776 be adopted.

Respectfully submitted,

FOR THE SENATE:
M JS.eNnaattohra, n49DtheaDl istrict
M A. Quillian Baldwin, Jr. Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES: /.s/. C_,,harl,es AA ' T_,homas, Jr. Representative, 69th District
/s/ Johjmy Isakson Representative, 21st District

/s/ Edward Hine, Jr. Senator, 52nd District

/s/ Lawton E. Stephens Representative, 68th District

A BILL
To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to change the provisions relating to offenses which are bailable only before a judge of the superior court; to provide that certain offenses are bailable by a court of inquiry; to provide that certain persons shall not be refused bail; to provide for petitions requesting bail; to provide for conditions for the release of persons on bail; to provide for schedules; to provide for appeal bonds; to provide for designation of judges to perform certain duties; to provide for notices and hearings; to provide for a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, which reads as follows:
"17-6-1. (a) The offenses of rape, aggravated sodomy, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail,
(b) (1) The following persons shall not be entitled to or released on bail:

2618

JOURNAL OF THE HOUSE,

(A) Any person charged with committing a felony listed in paragraph (2) of this subsection who has previously been convicted of the commission of a felony listed in paragraph (2) of this subsection;
(B) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on probation or parole with respect to a felony listed in paragraph (2) of this subsection; or
(C) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2) of this subsection. (2) The felonies to which paragraph (1) of this subsection applies are:
(A) Murder; (B) Rape or aggravated sodomy; (C) Armed robbery; (D) Kidnapping; (E) Arson; (F) Burglary; (G) Aircraft hijacking; (H) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or (I) Aggravated assault. (c) Except for persons charged with crimes provided for under subparagraph (b)(2)(H) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section on bail or his own recognizance if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, or to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. If the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed. (d) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, kidnapping, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used.
(2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section.",
and inserting in lieu thereof a new Code Section 17-6-1 to read as follows:
"17-6-1. (a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;

MONDAY, MARCH 7, 1988

2619

(2) Murder;
(3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and
(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection. (b) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after the receipt of such notice. (d) A person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition. (e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (f) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used. (g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.
(h) As used in this Code section, the term 'bail' shall include the releasing of a person on his own recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

2620

JOURNAL OF THE HOUSE,

Representative Isakson of the 21st moved that the House adopt the report of the Committee of Conference on HB 776.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Adams.M
Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch Brooks Y Brown YBuck Y Buford YByrd 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 Y Cummings.M Y Davis.G Y Davis.M
Y Dixon 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
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
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
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
Phillips Pinkston
Y Pittman 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.P Y 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
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 Wiiliams,J Y Wilson Wood Workman
Y Yeargin Murphy.Spkr

On the motion, the ayes were 148, nays 0. The motion prevailed.

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 746

The Committee of Conference on HR 746 recommends that the Senate recede from its position and that HR 746 as passed by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Wm. J. Lee Representative, 72nd District

/s/ Paul C. Broun Senator, 46th District

/s/ Barbara Couch Representative, 40th District

MONDAY, MARCH 7, 1988

2621

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HR 746.
On the motion, 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 Y Atkins Y Bailey
Y Balkcom N Bannister Y 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
Carrell Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers Y Clark.B N Clark,H
Y Clark.L Colbert

Coleman Y Colwell
Y Connell Y Couch YCox Y Crawford
Y Crosby Y Cummings.B Y Cummings,M
Davis.G N Davis.M
Y Dixon Dobbs
Y Dover Dunn 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
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 N Kingston Y Lane.D Y Lane,R Y Langford Y Lawler N 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 Y Moore N Morton

On the motion, the ayes were 138, nays 14. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M N Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston N Pittman 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 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 N Stanley Y Steinberg Y Stephens
Y Thomas.C N Thomas.M
Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplet! 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
Wood Y Workman Y Yeargin
Murphy,Spkr

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1281

The Committee of Conference on HB 1281 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1281 be adopted.
Respectfully submitted,

2622

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Pierre Howard Senator, 42nd District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES: //DA* nu-u /s/ E- M - Childers Representative, 15th District /g/ George B Hooks Representative, 116th District
/s/ Jim Pannell Representative, 122nd District

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 authorize mandatory and involuntary HIV testing of certain children who have committed certain delinquent acts in certain circumstances; to provide for reporting, recording, and disclosure of certain HIV test results and provide for victim counseling and provide for separate confinement of those children determined to be infected with HIV; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to redefine the crime of reckless conduct to include certain conduct by HIV infected persons and provide for penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, so as to authorize mandatory and involuntary HIV testing of certain persons who have committed certain crimes and provide for conditions of suspending or probating sentences in certain circumstances; to provide for reporting, recording, and disclosures of certain HIV test results and provide for victim counseling and separate confinement of certain criminals; 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 brochures 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 Annotated, relating to privileged medical information, so as to provide that AIDS confidential information will be confidential and 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 and counseling of certain 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 confidential nature; 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 provide for subpoenas and testimony regarding AIDS confidential information and for certain judicial proceedings to obtain that information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for judicial procedures to require HIV testing and public health measures for HIV infection; 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 provide for counseling regarding HIV tests and exceptions thereto; 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 provide for mandatory and

MONDAY, MARCH 7, 1988

2623

involuntary HIV testing of certain prisoners and provide for the separate confinement 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 provide for HIV testing of human body parts or the donors thereof 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 provide for all related matters; to repeal conflicting laws; and for other purposes.
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 intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. 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 protect themselves and prevent its spread. The Department of Human Resources is encouraged 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 measures 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, relating 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 may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, 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.
(d) 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 deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources, which may disclose the name of the child if necessary to provide 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, if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;

2624

JOURNAL OF THE HOUSE,

(2) The court which ordered the HIV test; 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 may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of the Department of Human Resources reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 3. Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by striking that Code section and inserting in its place a new Code Section 16-5-60 to read as follows:
"16-5-60. (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 who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
(c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV:
(1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving 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 where 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, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years."
Section 4. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, 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 transmitting crime, the court in which that verdict is returned or plea entered may in its discretion and after conferring with the director of the health district, as such officer

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is provided for in Code Section 31-3-15, 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 Department 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 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 may disclose the name of the person if necessary to provide and shall 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 if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and may be authorized to consider that report in imposing sentence. That report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV."
Section 5. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, 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, populations at risk, 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 prepare 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 prepared by the Department of Human Resources under this subsection shall be prepared 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 subsection (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 acknowledging 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 after Code Section 24-9-40 a new Code section to read as follows:
"24-9-40.1. AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47." and is further 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.

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(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 maintaining AIDS confidential information shall:
(A) Intentionally or knowingly disclose that information to another person or legal entity; or
(B) Be compelled by subpoena, court order, or other judicial process 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, court order, or other judicial process 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 in writing 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 department. (f) The results of an HIV test may be disclosed to the person, or that person's designated representative, who ordered such tests of the body fluids or tissue of another person. (g) 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 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, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made.
(h) (1) An administrator of an institution licensed as a hospital by the Department of Human Resources or a physician 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 such patient has been determined to be infected with HIV; and
(C) The name and address of any other person whom the disclosing physician or administrator 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 if reasonably necessary to protect the health and safety of that person

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or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or 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 determined 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 and counseling 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 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 pre-
ceding seven years and if that spouse may be located and contacted without undue difficulty.
(i) Any health care provider authorized to order an HIV test may disclose AIDS confidential information regarding a patient thereof if that disclosure is made to a 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 that health care provider or facility:
(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 that health care
service to that patient. (j) A health care provider 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 health care provider or any
other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant
thereto shall have no civil or criminal liability therefor. (k) 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 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.
(1) 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 information 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 institutional 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.
(m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclosure may be made to employees of that physician, health care provider, or legal
entity who have been designated thereby to receive such information on behalf thereof. Those designated employees may thereafter disclose to and provide for the disclosure of
that information among such other employees of that physician, health care provider, or
legal entity, but such disclosures among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is authorized or required to be made to that physician, health care
provider, or legal entity.

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(n) 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 confidential nature of that information except for the purpose for which the authorized or required disclosure is made.
(o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor.
(p) 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 identification of any person.
(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record.
(r) Any person or legal entity required by an order of a court to disclose AIDS confidential information in the custody or control of such person or legal entity shall disclose that information as required by that order.
(s) 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 if:
(1) The person identified by that information: (A) Has consented in writing to that disclosure; or (B) Has been notified of the request for disclosure of that information at least
ten days prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or (2) A superior court in an in camera hearing finds 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 private 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. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal, (t) (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:
(A) A prosecutor in connection with a prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60;
(B) Any party in a civil cause of action; or
(C) A public safety agency or the Department of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of employee,
and for purposes of this subsection the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph.
(2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure 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 private 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.

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2629

(3) A petition seeking disclosure of AIDS confidential information under this subsection 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 disclose 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 for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify 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 operated by or on behalf of that department. (u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct. (v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communicable disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV.
(w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider:
(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 that health care service to that patient.
(x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure 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.
(y) The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his heirs, successors, assigns, or a beneficiary of such person, including but not limited to an executor, administrator, or personal representative of such person's estate:

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(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim;
(2) Places such person's care and treatment, the nature and extent of his injuries, the extent of his damages, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding; or
(3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan. (z) AIDS confidential information may be collected, used, and disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions. (aa) In connection with any civil or criminal action in which AIDS confidential information is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confidential information, establish a chain of custody relating thereto, or otherwise testify regarding that information, including but not limited to testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Human Resources or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60."
Section 7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 17 thereof a new Chapter 17A to read as follows:
"CHAPTER 17A
31-17A-1. (a) Any term used in this chapter 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) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.
31-17A-2. The authorized agent or agents of the Department of Human Resources are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources are authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3.
31-17A-3. (a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the department believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the administration of the HIV test and the person is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court.
(b) The superior court shall hear the complaint on an expedited basis without a jury. All proceedings before the court shall be sealed.
(c) If after consideration of the evidence, the court finds clear and convincing evidence that the person is reasonably likely to be infected with HIV and that there is a compelling need to protect the public health, the court may order the person to submit to an HIV test, shall retain jurisdiction to render such orders as are appropriate to effectuate that order, and, in the event the person so tested is determined to be infected with

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2631

HIV, to require such procedures to protect the public health consistent with the least restrictive alternative which is available within the limits of state funds specifically appropriated therefor."
Section 8. Said Title 31 is further 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; (E) Has had a positive or negative result from an HIV test; (F) Has sought and received counseling regarding AIDS; or (G) Has been determined to be a person at risk of being infected with AIDS,
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) Incest; (I) Statutory rape; or (J) 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 regulations of the department. (4) 'Body fluids' means blood, semen, or vaginal secretions. (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 providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Human Resources shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or document or of another brochure or document approved by the Department of Human Resources to the person and referral of that person to the Department of Human Resources for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph. (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 dependent persons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively;

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(C) Medical, dental, osteopathic, or podiatric clinic; (D) Hospice, as defined in Code Section 31-7-172; (E) Clinical laboratory, as defined in Code Section 31-22-1; or (F) Administrative, clerical, or support personnel of any legal entity specified in subparagraphs (A) through (E) of this paragraph. (9) 'Health care provider' means any of the following persons licensed or regulated by the state: (A) Physician or physician's assistant; (B) Osteopath; (C) Podiatrist; (D) Midwife; (E) Dentist, dental technician, or dental hygienist; (F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist; (G) Registered nurse; (H) Licensed practical nurse; (I) Emergency medical technician, advanced emergency medical technician, paramedic, or cardiac technician; (J) Clinical laboratory director, supervisor, technician, or technologist; (K) Funeral director or embalmer; (L) Member of a hospice team, as defined in Code Section 31-7-172; (M) Nursing home administrator; (N) Professional counselors, social workers, or marriage and family therapists; (0) Psychologist; (P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (0) of this paragraph; (Q) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (0) of this paragraph; or (R) 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) Penal institution; or (E) 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, governmental 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.

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(18) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances.
(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, other than an insurer authorized to transact business in this state, 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 perform 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 identifying 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 (h) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV.
(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample.
(d) The health care provider ordering an HIV test shall provide medically appropriate counseling to the person tested with regard to the test results. Such medically appropriate counseling shall only be required when the last confirmatory test has been completed.
(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of subsection (c) or (d) of this Code section. The statute of limitations for any

2634

JOURNAL OF THE HOUSE,

action alleging a violation of this subsection shall be two years from the date of the alleged violation.
(f) The provisions of this Code section shall not apply to situations in which an HIV test is ordered or required in connection with insurance coverage, provided that the person to be tested or the appropriate representative of that person has agreed to have the test administered under such procedures as may be established by the Commissioner of Insurance after consultation with the Department of Human Resources."
Section 9. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, 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 Department 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 commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. 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 reasonably believed to be sexually active while incarcerated; (2) That person is reasonably believed to be sexually predatory either during or prior to incarceration; or (3) The commissioner determines that other conditions or circumstances 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 10. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding following 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 provide 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

MONDAY, MARCH 7, 1988

2635

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 11. Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, 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 determined by the Department of Human Resources to have a reasonable probability of transmitting HIV 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 disposed 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 subsection (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."
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Hooks of the 116th moved that the House adopt the report of the Committee of Conference on HB 1281.
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
Benefield

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
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 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

2636

JOURNAL OF THE HOUSE,

Johnson.R Y Kilgore
Y Kingston Y Lane.D Y Lane.R
YLangford Y Lawler
Y Lawrence Y Lawson Y Lee Y Linder Y Long
Y Lord Y Lucas YLupton
Y Mangum N Martin Y McCoy
McDonald Y McKelvey

N McKinney Y Meadows
Y Milam Y Milford Y Mobley
Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
N Oliver.M N Orrock YPadgett
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 Y Redding
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
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens
Y Thomas.C N Thomas.M Y Thompson Y Thurmond Y Tolbert

On the motion, the ayes were 152, nays 13. The motion prevailed.

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

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

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

Representative Ramsey of the 3rd moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 4th, Hanner of the 131st and Ramsey of the 3rd.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations.

The following Senate substitute was read:

MONDAY, MARCH 7, 1988

2637

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 corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations; to provide that submission of a bid shall be prima-facie evidence of such examination; to provide that the department does not guarantee any subsurface conditions; to provide that the department shall not provide additional compensation for certain contract site conditions; to provide for exceptions; to provide for procedures; 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 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, is amended by striking Code Section 32-2-60, relating to the general authority of the Department of Transportation to contract, and inserting in lieu thereof a new Code Section 32-2-60 to read as follows:
"32-2-60. (a) The department shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project.
(b) Persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and determine for themselves the anticipated subsurface and latent physical conditions at the site prior to submitting a bid on the project. The submission of a bid shall be prima-facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work. The department does not in any way guarantee the amount or nature of subsurface materials which may be encountered and which must be excavated, graded, or driven through in performing the work on the project. The contractor shall not plead deception or misunderstanding because of variations from quantities of work to be performed or materials to be furnished as shown on the plans or minor variations from the locations or character of the work. Payment will be made only for actual quantities of work performed in accordance with the plans and specifications. The department shall not provide compensation above the amount bid on such project solely due to the encountering of subsurface or latent physical conditions at the site which are different from those anticipated by the bidder.
(c) (1) Notwithstanding the provisions of subsection (b) of this Code section, the department reserves the right to make, at any time during the progress of work, such increases or decreases in quantities and such alterations in the details of construction as necessary or desirable to satisfactorily complete the work. Such increases or decreases shall not invalidate the contract nor release the surety and the contractor agrees to perform the work as altered.
(2) Whenever an alteration materially increases or decreases the scope of the work specified in the contract, a supplemental agreement acceptable to both parties shall be made. In the absence of a supplemental agreement acceptable to both parties the department may direct that the work be done either by force account or at existing contract prices. Any force account agreement shall be in writing, specifying the terms of payment signed by the state highway engineer, and agreed to in writing by the contractor.
(3) Changes made by the engineer will not be considered to waive any of the provisions of the contract, nor may the contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work as done.

2638

JOURNAL OF THE HOUSE,

(d) The provisions of subsections (b) and (c) of this Code section shall be applicable only to federal-aid highway contracts."
Section 2. The provisions of this Act shall not be applicable to or affect existing contracts in effect on the effective date of this Act.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. No provision of this Act shall prohibit any court of law or equity from reforming a contract or awarding damages based upon a mutual mistake of fact or fraud in the inception of a contract or its performance.
Section 5. 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 substitute to HB 1781.
On the motion, 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
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
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
Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Y Gresham Griffin 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 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 Y Moody Y Moore Y Morton

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Mostiler Y Moultrie
Y Mueller Oliver.C
Y Oliver.M
Orrock Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding 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
Smith,W
Y Smyre Snow
Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas,M
Y Thompson Thurmond
Y Tolbert Y Townsend Y Triplett YTwiggs
Waddle Y Waldrep Y Walker.C
Walker.L YWall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

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 Annotated, 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.

MONDAY, MARCH 7, 1988

2639

The following Senate substitute was read:

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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 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 regulation of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 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 owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided the minor is covered by an accident and sickness insurance plan provided by the employer, the minor presents the employer with the certificate required by Code Section 39-2-11, and the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. 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 Section 39-2-1 and on the grounds of any other factory, mill, or business where employment 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.

Representative Foster of the 6th moved that the House agree to the Senate substitute to HB 1752.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien YAthon Y Atkins Y Bailey
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
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
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
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
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
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

2640

JOURNAL OF THE HOUSE,

Y Randall Y Ransom Y Ray
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,?
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
Thurmond Y Tolbert

On the motion, the ayes were 158, nays 0. The motion prevailed.

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

Y Watts White
Y Wilder Y Williams.B Y Williams,J
Y Wilson Wood
Y 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 disagreement to the House substitute and has appointed a Committee of Conference to confer with a like Committee on the part of the House on the following Bill of the Senate:

SB 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 performed on such minor.

The President has appointed on the part of the Senate the following: Senators Peevy of the 48th, Crumbley of the 17th and Allgood of the 22nd.

The Senate has appointed the second 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 Annotated, relating to definitions concerning public utilities and public transportation, 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 following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 7, 1988
Mr. Speaker and Members of the House:

MONDAY, MARCH 7, 1988

2641

Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 7, 1988, by adding the following:

HR 928 DeKalb County Homestead Exemption Study Commission: Create HR 1039 Student Parking: Urge Georgia Tech To Expand Facilities HR 1041 Forest Hayes, Jr. Memorial Highway: Urge DOT To Designate
SB 499 Medical Examiners St. Bd.: Physicians Assist. Advisory Comm: Comp.
SR 295 Mort. Rev. Bonds: Urge Congress Extend Date For Issuance SB 414 Absentee Ballots: Application for Registration: Extend Time
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The Speaker Pro Tern assumed the Chair.

The following Resolution of the House was read and adopted:

HR 1074. By Representative Edwards of the 112th:
A resolution congratulating and commending the Taylor County High School girls basketball team.

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 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain definitions relating to ballot cards; to provide for the use of optical scan voting systems; to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (1) of Code Section 21-2-2, relating to definitions regarding elections, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. 'Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine."

2642

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-364, to be designated Code Section 21-2-365, to read as follows:
"21-2-365. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
Section 3. Said title is further amended by striking paragraph (1) of Code Section 21-3-2, relating to definitions regarding municipal elections, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. 'Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine."
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-3-98, relating to qualification of candidates for party nomination in a municipal primary, and inserting in its place a new subsection (a) to read as follows:
"(a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates2 or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary. In the case of a special primary, the candidateSj or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section."
Section 5. Said title is further amended by adding a new Code section immediately following Code Section 21-3-263, to be designated Code Section 21-3-264, to read as follows:
"21-3-264. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Wilder of the 21st moves to amend the House Committee on Governmental Affairs substitute to SB 615 by adding following the word "systems" on line 4 of page 1 the following:
"to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide for powers, duties, and authority of the Secretary of State, the commissioner of public safety, and the Department of Public Safety; to provide for registration procedures; to provide for additional registration places;".
By inserting, following Section 1, new Sections 2, 3, and 4 to read as follows:
"Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-2-212, relating to appointment of county deputy registrars, to be designated subsection (e), to read as follows:
'(e) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every county in this state and may register as electors on behalf of the applicant's county of residence those qualified applicants who request to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accordance with Code Section 40-5-100. Code Section 21-2-213 shall

MONDAY, MARCH 7, 1988

2643

not apply to persons who serve as deputy registrars by virtue of this subsection. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropriate county or municipal board of registrars.'
Section 3. Said title is further amended by adding a new subsection at the end of Code Section 21-2-217, relating to the form of registration cards, to be designated subsection (h), to read as follows:
'(h) Notwithstanding any other provision of this Code section to the contrary, the Secretary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to the provisions of subsection (e) of Code Section 21-2-212. Such registration card shall contain the same information required in subsection (a) of this Code section. The form of such registration card shall be determined by the Secretary of State and the commissioner of public safety.'
Section 4. Said title is further amended by adding a new subsection at the end of Code Section 21-2-218, relating to the location of the main office of the board of registrars and registration of electors, to be designated subsection (h), to read as follows:
'(h) Notwithstanding any other provisions of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors.'"
By redesignating Section 2 on line 19 of page 1 as Section 5.
By redesignating Section 3 on line 1 of page 2 as Section 6.
By redesignating Section 4 on line 10 of page 2 as Section 7.
By adding, following line 26 of page 2, new Sections 8, 9, and 10 to read as follows:
"Section 8. Said title is further amended by adding a new paragraph at the end of subsection (e) of Code Section 21-3-120, relating to appointment and compensation of municipal registrars and deputy registrars, to be designated paragraph (3), to read as follows:
'(3) Notwithstanding any other provision of law to the contrary, each license examiner employed by the Department of Public Safety to examine applicants for drivers' licenses shall be a deputy to the board of registrars of every municipality in this state which maintains its own registration list and may register as electors on behalf of such municipalities those qualified applicants who request to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accordance with Code Section 40-5-100. Registration cards completed by such deputy registrars shall be mailed promptly to the Secretary of State for transmittal to the appropriate municipal board of registrars.'
Section 9. Said title is further amended by adding a new subsection at the end of Code Section 21-3-123, relating to registration duties of a county registrar in municipalities using the county registration system, to be designated subsection (f), to read as follows:
'(f) Notwithstanding any other provision of this Code section to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses shall be an additional registration place for the purpose of registering electors.'
Section 10. Said title is further amended by striking Code Section 21-3-124, relating to designation of the form of municipal registration, and inserting in its place a new Code Section 21-3-124 to read as follows:

2644

JOURNAL OF THE HOUSE,

'21-3-124. (a) The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registration list, the municipal registrar shall be required to register voters on the uniform registration card printed and distributed by the Secretary of State as required in Code Section 21-2-217.
(b) Notwithstanding any other provision of this Code section to the contrary, the Secretary of State and the commissioner of public safety are authorized to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors pursuant to paragraph (3) of subsection (e) of Code Section 21-3-120 on behalf of municipalities which maintain their own electors lists. The registration card shall contain the same information required in subsection (a) of Code Section 21-2-217. The form of such registration card shall be determined by the Secretary of State and the commissioner of public safety.'"
By redesignating Sections 5, 6, and 7 on line 27 of page 2 through line 9 of page 3 s Sections 11, 12, and 13, respectively.

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 Alien
N Athon Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett,M NBeck N Benefield NBenn N Birdsong
N Bishop N Bostick N Branch Y Brooks Y Brown NBuck N Buford NByrd N Carrell N Carter N Chambless N Chance N Cheeks N Childets Y Clark.B
Y Clark,H N Clark.L Y Colbert

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

Y Holmes N Hooks
N Hudson YIsakson 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 Y Lawrence
N Lawson NLee Y Linder
Long NLord Y Lucas N Lupton N Mangum N Martin N McCoy N McDonald N McKelvey Y McKinney N Meadows NMilam N Milford N Mobley N Moody N Moore Y Morion

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

On the adoption of the amendment, the ayes were 44, nays 125. The amendment was lost.

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

The following amendment was read:

Representative Lawler of the 20th moves to amend the House Committee on Governmental Affairs substitute to SB 615 by adding following the word "primaries" on line 6
of page 1 the following:

MONDAY, MARCH 7, 1988

2645

"; to repeal provisions relating to voting a straight political party or body ticket and a modified straight party ticket".
By adding, following Section 2, new Sections 3 and 4 to read as follows:
"Section 3. Said title is further amended by striking Code Section 21-2-416, relating to methods of casting ballots in elections utilizing paper ballots or vote recorders, and inserting in lieu thereof a new Code Section 21-2-416 to read as follows:
'21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections by voting for each candidate individually, as provided in this chapter, in any ene ef the following ways and his vote shall be counted as provided hi this Code section:
ft) He may vete for each candidate individually as provided in this chapter;
V&T i tc msy vote ft stpsi^jnt politics! pftpty OP body ticKet fts provided itt thi9 chflptcrj OP
{3} He may vete a "modified straight party ticket" by casting in combination a stF8i|ifht psrty votCj tft uric mfinnep provided ift psps^rsph \&) of this t>od^ section t

the political party er body designated, except candidates fer the offices f prcsidentidi electors dhd those oilices fts to which he rifts indic&ted 8 choice tor individu* sis other th&n the stP8i^ht pflrty nominees, which choice srisll be vfllid only 8s votes fe* such individuals se designated.'
Section 4. Said title is further amended by striking subsection (c) of Code Section 21-2-435, relating to procedure as to marking and depositing of ballots, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) At elections, the elector shall prepare his ballot in the following manner:
(1) He may vote for the candidates of his choice for each office to be filled according to the number of persons to be voted for by him for each office, by making a cross (X) or check (\7) mark in the square opposite the name of the candidate;
(2) He may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check (\/) mark;
\OT IT fte desires to vote top every c&Rdidflte or st poiittcQi pflpty or Dody \except it/9 cflHdidstcs tor tfte oitices of presidcnti&i electors^, he mfly mflHc ft cross \ A.~/ OP checK v v / hi8Pii tft the scjufrpe opposite the imme* of the pflpty OP oody ot his choice tfi the pftPty of oody column on the lett ot the oflllot> dnct every SUCH cross \A/ OP checK \\/) wiflpK shdil be1 ccjuivfllcrit %o fl.nct be counted ~fts ~ft vote IOP every condidfttc of 8 pflpty OP body so mflpited, except its c&ndid&tes tor the oitices ot presidentifti electopsj
44) (3) If he desires to vote for the presidential electors nominated by any party or body, he may make a cross (X) or check ( \/) mark in the appropriate square at the left of the names of the candidates for President and Vice President of such party or body;
(6) {4) In case of a question submitted to the vote of the electors, he may make a cross (X) or check (\/) mark in the appropriate square opposite the answer which he desires to give.'"
By redesignating Sections 3 through 5 as Sections 5 through 7, respectively.
By adding, following line 4 of page 3, new Sections 8 and 9 to read as follows:

2646

JOURNAL OF THE HOUSE,

"Section 8. Said title is further amended by striking Code Section 21-3-325, relating to methods of casting ballots in elections utilizing paper ballots or vote recorders, and inserting in lieu thereof a new Code Section 21-3-325 to read as follows:
'21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections by voting for each candidate individually, as provided in this chapter. t any one ef the following ways, ad his vete shall be counted as provided in this Code acction:
{!) He ay vete fef each candidate individually, as provided in this chapter;
\&) lie infly vote ft strflight politic&l psrty or oody ticitet, &s provided itt tins
J OP
\o/ ii.fi Hi&y vote ft ttiouitieo. stp&i^jrit pflrty ticKct oy costing in com oitiu cion a. str&i^Rt pftrty vote? ttt trie iH&niief provided tft pftpfl^rftpn \^/ or tnis oodc sectionf and a wte er vetes for individual candidates, m th manner provided in paragraph \if of tilts oode section wnicii sfiftii cons11tute ft vftiid vote* tor every co.nciiQQIC 01 th political party or body designated, except these offices as te which he has indic&tcQ ft crioicG top individuals other tnfln tiie stPfti^tit pflrty nominees, wiiicii cnoice shall be valid only as votes fer such individuals so designated.'
Section 9. Said title is further amended by striking subsection (c) of Code Section 21-3-344, relating to procedure as to marking and depositing of ballots, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) At elections, the elector shall prepare his ballot in the following manner: He may vote for the candidates of his choice for each office to be filled, according to the number of persons to be voted for by him for each office, by making a cross (X) or check (\/) mark in the square opposite the name of the candidate; or he may write, in the blank space provided therefor, any name not already printed on the ballot; and such insertion shall count as a vote without the marking of a cross (X) or check (V) nidTK. TI fte desires to vote IOP every cflndidftte of s poiittcfli pflrty of oody, tie nifty

every candidate ef- a party er body se marked. In case of a question submitted to the vote of the electors, he may make a cross (X) or check (\/) mark in the appropriate square opposite the answer which he desires to give.'"
By redesignating Sections 6 and 7 on lines 5 through 9 of page 3 as Sections 10 and 11, respectively.

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

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

Y Bishop
Y Bostick N Branch Y Brooks Y Brown
Y Buck N Buford
N Byrd Y Carrell Y Carter
Chambless N Chance N Cheeks Y Childers N Clark.B Y Clark.H N Clark.L
Y Colbert

N Coleman
N Colwell Connell
N Couch Cox
N Crawford Y Crosby
N Cummings.B N Cummings.M N Davis.G Y Davis.M N Dixon Y Dobbs
Dover Dunn Y Edwards Y Felton
N Floyd

Y Foster
N Galer N Godbee Y Goodwin N Green
N Greene Y Greer
Y Gresham Y Griffin N Groover Y Hamilton
Hanner N Harris Y Hasty Y Heard Y Hensley N Herbert
Y Holcomb

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

MONDAY, MARCH 7, 1988

Y Under Long
YLord N Lucas N Lupton Y Mangum N Martin N McCoy Y McDonald N McKelvey
McKinney N Meadows Y Milam
Milford
N Mobley N Moody N Moore Y 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 Y Peters N Pettit N Phillips Y Pinkston Y Pittman N Porter N Powell

Y Prichard N Rainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom
NRay N Reaves
Redding Y Richardson N Ricketson Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod
N Simpson N Sinkfield

Y Sizemore N Smith.L Y Smith.P N Smith.T Y Smith,W YSmyre
NSnow N Stancil N Stanley N Steinberg N Stephens Y Thomas.C N Thomas.M Y Thompson N Thurmond Y Tolbert N Townsend N Triplett

On the adoption of the amendment, the ayes were 78, nays 86. The amendment was lost.

2647
Twiggs Y Waddle N Waldrep Y Walker.C N Walker.L Y Wall
Ware N Watson Y Watts N White Y Wilder Y Williams,B N Williams.J Y Wilson
Wood N Workman Y Yeargin
Murphy.Spkr

The following amendment was read:

Representative Lane of the 27th moves to amend the Committee substitute to SB 615 as follows:
Page 2, Lines 19 and 22, strike the words "or their agents.".
Also, on Page 2, Line 19 and 22, add after the word "candidates" the word "personally".

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
Alien Y Athon N Atkins N Bailey N Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M NBeck N Benefield YBenn N Birdsong N Bishop Y Bostick Y Branch N Brooks N Brown NBuck N Buford YByrd Y Carrell Y Carter
N Chambless N Chance Y Cheeks Y Childers N Clark,B N Clark.H Y Clark,L N Colbert

Y Coleman Y Colwell
Connell Couch
Cox Y Crawford N Crosby Y Cummings,B
Cummings.M N Davis.G Y Davis.M
Dixon
Y Dobbs Dover Dunn
Y Edwards Y Felton N Floyd Y Foster N Galer N Godbee Y Goodwin N Green
Y Greene Y Greer N Gresham
Griffin N Groover N Hamilton N Manner Y 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 Y Jamieson N Johnson.D
Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R
N Langford N Lawler Y Lawrence N Lawson
NLee N Linder
Long YLord N Lucas N Lupton Y Mangum N Martin N McCoy N McDonald N McKelvey N McKinney N Meadows
Milam Y Milford N Mobley Y Moody Y Moore
Y Morton

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

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

2648

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 67, nays 96. The amendment was lost.

Representative Wilson of the 20th moved that the House reconsider its action in failing to adopt the Lawler amendment to SB 615.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

N Mostiler Y Moultrie N Mueller
N Oliver.C N Oliver.M N Orrock
N Padgett N Pannell N Parham N Parrish N Patten Y Peters N Pettit
Phillips Pinkston Y 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 Richardsoi
N Ricketson Y Robinson
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

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

On the motion, the ayes were 86, nays 76. The motion prevailed.

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

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

Bishop Y Bostick N Branch Y Brooks Y Brown
YBuck N Buford N Byrd Y Carrell Y Carter N Chambless N Chance N Cheeks Y Childers
N Clark.B Y Clark.H N Clark.L Y Colbert

N Coleman Colwell Connell
N Couch YCox N Crawford
Y Crosby Y Cummings.B
N Cummings.M N Davis.G Y Davis.M
Y Dixon Y Dobbs N Dover
Dunn Y Edwards
Y Felton N Floyd

Y Foster N Galer N Godbee Y Goodwin
N Green N Greene Y Greer Y Gresham
Y Griffin N Groover Y Hamilton
Hanner N Harris Y Hasty Y Heard Y Hensley
Herbert
Y Holcomb

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

MONDAY, MARCH 7, 1988

Y Under Long
NLord N Lucas N Lupton
Y Mangum N Martin
N McCoy Y McDonald N McKelvey N McKinney N Meadows Y Milam Y Milford Y Mobley N Moody N Moore Y Morton

N Mostiler N Moultrie N Mueller N Oliver.C N Oliver.M N Orrock N Padgett N Pannell N Parharo N Parrish N Patten N Peters N Pettit Y Phillips Y Pinkston Y Pittman N Porter N Powell

Y Prichard N Rainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom
NRay N Reaves Y Redding Y Richardson
N Ricketson Y Robinson Y Royal
Y Selman Y Shepard Y Sherrod N Simpson N Sinkfield

N Sizemore N Smith,L Y Smith.P
N Smith.T Y Smith.W YSmyre
NSnow N Stancil
N Stanley N Steinberg N Stephens Y Thomas.C N Thomas.M Y Thompson N Thurmond Y Tolbert
N Townsend N Triplett

On the readoption of the amendment, the ayes were 82, nays 86. The amendment was lost.

2649
Twiggs Y Waddle N Waldrep Y Walker.C N Walker,L Y Wall
Ware N Watson Y Watts N White Y Wilder Y Williams.B N Williams.J Y Wilson
Wood N Workman Y Yeargin
Murphy.Spkr

The Committee substitute was adopted.

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

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

Y Coleman N Colwell
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
Dunn Y Edwards Y Felton Y Floyd N Foster YGaler YGodbee Y Goodwin N Green N Greene YGreer N Gresham Y Griffin
Y Groover Y Hamilton
Hanner N Harris Y Hasty Y Heard Y Hensley Y Herbert Y Holcomb

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

Y Mostiler
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orrock N Padgett Y Pannell
Parham N Parrish
Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter N Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
NRay Y Reaves
Y Redding Y Richardson N Ricketson Y Robinson
Y Royal Y Selman N Shepard N 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 N Thomas,C
Y Thomas,M Y Thompson
Y Thurmond N Tolbert
Townsend Y Triplett
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L N Wall
Ware Y Watson Y Watts Y White Y Wilder Y WilIiams,B Y Williams,J N Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2650

JOURNAL OF THE HOUSE,

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 performed on such minor.

Representative Smith of the 152nd moved that the House adhere to its position in substituting SB 621 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 Smith of the 152nd, Robinson of the 96th and Thomas of the 69th.

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

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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 367

The Committee of Conference on SB 367 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 367 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Donn M. Peevy
Senator, 48th District
/s/ Alex Crumbley Senator, 17th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas Jr. Representative, 69th District
/s/ Tommy Chambless Representative, 133rd District

/s/ Roy E. Barnes Senator, 33rd District

/s/ Jim Pannell Representative, 122nd District

MONDAY, MARCH 7, 1988

2651

A BILL
To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide a definition; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by adding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows:
"31-9-6.1. (a) Except as otherwise provided in this Code section, any person who undergoes any surgical procedure under general anesthesia, spinal anesthesia or major regional anesthesia or any person who undergoes an amniocentesis diagnostic procedure or a diagnostic procedure which involves the intravenous injection of a contrast material must consent to such procedure and shall be informed in general terms of the following:
(1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure;
(2) The nature and purpose of such proposed surgical or diagnostic procedure; (3) The material risks generally recognized and accepted by reasonably prudent physicians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure; (4) The likelihood of success of such proposed surgical or diagnostic procedure; (5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and (6) The prognosis of the patient's condition if such proposed surgical or diagnostic procedure is rejected. (b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent. (2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent. (c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the responsible physician to

2652

JOURNAL OF THE HOUSE,

ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons known by the responsible physician to be knowledgeable and capable of communicating such information; provided, however, that for the purposes of this Code section only, if any employee of a hospital or ambulatory surgical treatment center participates in any such conversations at the request of the responsible physician, such employee shall be considered for such purposes to be solely the agent of the responsible physician.
(d) A failure to comply with the requirements of this Code section shall not constitute a separate cause of action but may give rise to an action for medical malpractice as defined in Code Section 9-3-70 and as governed by other provisions of this Code relating to such actions; and any such action shall be brought against the responsible
physician or any hospital, ambulatory surgical treatment center, professional corporation, or partnership of which the responsible physician is an employee or partner and
which is responsible for such physician's acts, or both, upon a showing that: (1) That the patient suffered an injury which was proximately caused by the sur-
gical or diagnostic procedure; (2) That information concerning the injury suffered was not disclosed as required
by this Code section; and (3) That a reasonably prudent patient would have refused the surgical or diag-
nostic procedure or would have chosen a practical alternative to such proposed sur-
gical or diagnostic procedure if such information had been disclosed; provided, however, that, as to an allegation of negligence for failure to comply with the requirements of this Code section, the expert's affidavit required by Code Section
9-11-9,1 shall set forth that the patient suffered an injury which was proximately caused
by the surgical or diagnostic procedure and that such injury was a material risk required
to be disclosed under this Code section. (e) The disclosure of information and the consent provided for in this Code section
shall not be required if: (1) An emergency exists as defined in Code Section 31-9-3; (2) The surgical or diagnostic procedure is generally recognized by reasonably pru-
dent physicians to be a procedure which does not involve a material risk to the patient involved;
(3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code
section not be disclosed; (4) A prior consent, within ten (10) days of the surgical or diagnostic procedure,
complying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the patient's condi-
tion; provided, however, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure, the con-
sent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater;
or
(5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent was obtained, and the patient has consented to allow the
responsible physician to make the decision concerning such procedure. (f) A prior consent to surgical or diagnostic procedures obtained pursuant to the
provisions of this Code section shall be deemed to be valid consent for the responsible physician and all medical personnel under the direct supervision and control of the
responsible physician in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the
patient's condition. (g) The Composite State Board of Medical Examiners shall be required to adopt and
have the authority to promulgate rules and regulations governing and establishing the

MONDAY, MARCH 7, 1988

2653

standards necessary to implement this chapter specifically including but not limited to the disciplining of a physician who fails to comply with this Code section.
(h) As used in this Code section, the term 'responsible physician' means the physician who performs the procedure or the physician under whose direct orders the procedure is performed by a nonphysician."
Section 2. The Composite State Board of Medical Examiners shall be required to inform all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor.
Section 3. This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 367.
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 N Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch
Brooks Brown Buck Y Buford YByrd Y Carrell
N 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
Crogby Y Cummings.B
Cummings,M Davis.G Y Davis.M Dixon Y Dobbs Y Dover Dunn Y Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin N Green Y Greene Y Greer Y Gresham Y Griffin Groover Y 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
Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford
Lawler Lawrence Y Lawson YLee Y Linder Long 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

On the motion, the ayes were 137, nays 4. The motion prevailed.

Y Mostiler Y Moultrie
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
Powell Y 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 N 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
Tolbert Y Townsend Y Triplet!
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Y Williams.J Y Wilson
Wood Y Workman
Yeargin Murphy.Spkr

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

HR 928. By Representatives Williams of the 48th, Richardson of the 52nd, Redding of the 50th, Linder of the 44th, Lawrence of the 49th and others:

2654

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the DeKalb County Homestead Exemptions 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, property values in DeKalb County have steadily increased, 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 DeKalb County Homestead Exemptions Study Commission is created to consist of three members of the House of Representatives appointed by the Chairman of the DeKalb County Delegation of the House of Representatives; three members of the Senate to be appointed by the Chairman of the DeKalb County Delegation of the Senate; three interested citizens appointed by the DeKalb County Delegation of the House of Representatives; three interested citizens appointed by the DeKalb County Delegation of the Senate; the chairman of the Board of Education of DeKalb County; the chief executive officer of DeKalb County; two members of the DeKalb County Commission; the Chief Tax Assessor of DeKalb County; and the Tax Commissioner of DeKalb County or their designees. All members shall be appointed by May 1, 1988. The chairman shall be the senior member from the Senate, and the vice-chairman shall be the senior member from the House of Representatives. The chairman shall call the organizational meeting of the commission. At such meeting, the commission shall elect from its own membership such additional officers as may be necessary or convenient.
BE IT FURTHER RESOLVED that all members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet for such number of times and at such places as may be necessary to carry out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission may make a study of homestead exemptions in DeKalb County. In making its study the commission may study past and proposed budgets for Dekalb County and the Board of Education of DeKalb County and such other information relative to taxation and homestead exemptions as the commission may find appropriate.
BE IT FURTHER RESOLVED that DeKalb County government and the Board of Education of DeKalb County and their officials, departments, and agencies shall cooperate fully with the commission by providing such information, documents, and assistance as the commission may reasonably require in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission shall complete its study and issue its report and recommendations, if any, by December 15, 1988. The commission's report and recommendations shall be sent to the members of the DeKalb County Delegation of the House of Representatives; the members of the DeKalb County Delegation of the Senate; the members of the Board of Education of DeKalb County; and the members of the governing body of DeKalb County. The commission shall stand abolished on December 31, 1988.

The following Committee substitute was read and adopted:
A RESOLUTION Creating the House DeKalb County Homestead Exemptions Study Committee; and for other purposes.

MONDAY, MARCH 7, 1988

2655

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, property values in DeKalb County have steadily increased, resulting in ever greater tax burdens on the homeowners of the county.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES the House DeKalb County Homestead Exemptions Study Committee is created to consist of six members of the House of Representatives appointed by the Chairman of the DeKalb County Delegation of the House of Representatives; eight interested citizens appointed by the DeKalb County Delegation of the House of Representatives; the chairman of the Board of Education of DeKalb County; the chief executive officer of DeKalb County; two members of the DeKalb County Commission; the Chief Tax Assessor of DeKalb County; and the Tax Commissioner of DeKalb County or their designees. All members shall be appointed by May 1, 1988. The chairman of the House DeKalb County Homestead Exemption Study Committee shall be appointed by the chairman of the DeKalb County Delegation of the House of Representatives. The chairman shall call the organizational meeting of the committee. At such meeting, the committee shall elect from its own membership such additional officers as may be necessary or convenient.
BE IT FURTHER RESOLVED that all members of the committee shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the committee. The committee 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 committee may make a study of homestead exemptions in DeKalb County. In making its study the committee may study past and proposed budgets for Dekalb County and the Board of Education of DeKalb County and such other information relative to taxation and homestead exemptions as the committee may find appropriate.
BE IT FURTHER RESOLVED that DeKalb County government and the Board of Education of DeKalb County and their officials, departments, and agencies shall cooperate fully with the committee by providing such information, documents, and assistance as the committee may reasonably require in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the committee shall complete its study and issue its report and recommendations, if any, by December 15, 1988. The committee's report and recommendations shall be sent to the members of the DeKalb County Delegation of the House of Representatives; the members of the Board of Education of DeKalb County; and the members of the governing body of DeKalb County. The committee shall stand abolished on December 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
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 Birdsong
Y Bishop
Y Bostick Y Branch

Brooks
Brown 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

2656

JOURNAL OF THE HOUSE,

Colbert Coleman Colwell
Connell
Couch
YCox
Y Crawford
Y Crosby
Y Cummings.B
Cummings,M 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 Groover

Y Hamilton
Y Manner Y Harris
Hasty Y Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson.W
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
Long 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
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
Y Powell Y Prichard
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 Y Smith.L
Smith.P Y Smith.T Y Smith,W
Smyre YSnow

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

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

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

Mr. Speaker:
The Senate has agreed to the House substitute by the Senate substitute to the following Bill of the Senate:

SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.

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

SB 499. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

MONDAY, MARCH 7, 1988

2657

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, 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; to authorize rules and regulations; to provide for temporary licenses; to authorize a physician's assistant to perform services in a Health Manpower Shortage Area or an area eligible for designation as a Health Manpower Shortage Area under certain conditions and provide for regulations relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, is amended by striking in its entirety Code Section 43-34-36, which reads as follows:
"43-34-36. Before any person who obtains a license from the board may lawfully practice medicine, he shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the joint-secretary, on December 31 of each year, of all licenses registered with him. Each applicant receiving a license from the board shall cause the same to be registered within 30 days.", and inserting in its place a new Code Section 43-34-36 to read as follows:
"43-34-36. (a) The board may condition the issuance of a license or certificate pursuant to this chapter upon successful completion of a board approved seminar by an applicant. The board shall be authorized to promulgate rules and regulations governing the content of the seminar and may approve agencies, organizations, or individuals not affiliated with the board to conduct the seminar. A fee approved by the board shall be charged to an applicant to cover the costs of the seminar.
(b) An applicant who is otherwise qualified for licensure or certification under this chapter may be issued a temporary license by the board pending completion of the seminar; provided, however, the temporary license shall not be valid for more than six months. The temporary license issued pursuant to this Code section shall not be the same as a temporary license issued pursuant to Code Section 43-34-32. Neither the refusal to issue a temporary license nor the revocation or expiration of a temporary license shall be considered a contested case within the meaning of Chapter 13 of Title 50.
(c) Upon successful completion of the seminar, an applicant shall be issued a license or certificate as provided in this chapter."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 43-34-103, relating to applications to utilize persons as physician's assistants, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) (1) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this article shall preclude a physician's assistant from making house calls and hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.
(2) On and after September lj 1988, a physician's assistant shall be authorized to perform services in a satellite clinic located in any county designated or eligible for designation by the Secretary of Health and Human Services as a "Health Manpower Shortage Area" pursuant to 42 U.S.C. 254(e), but only if that entire county is included within an area so designated or eligible for designation as a 'Health Manpower Shortage Area.' The board shall promulgate rules no later than September 1^ 1988, establishing the qualifications of physician's assistants who may perform services pursuant

2658

JOURNAL OF THE HOUSE,

to this paragraph, regulating applications for the establishment of satellite clinics wherein the services are to be performed, and prescribing requirements for the availability of supervising physicians at those clinics for supervision, consultation, and case review regarding those services."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

N Sizemore
N Smith,L N Smith.P
N Smith.T N Smith.W Y Smyre Y Snow Y Stancil
Y Stanley Y Steinberg N 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 N White N Wilder Y Williams.B N WilliamsJ
Y Wilson Wood Workman
N Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 88, nays 59.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Childers of the 15th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 499, by substitute.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M N Aiken Y Alford
Alien Athon
Y Atkins Y Bailey

N Balkcom N Bannister
Bargeron
Y Barnett,B N Barnett.M NBeck N Benefield
Benn N Birdsong

Y Bishop Bostick
N Branch Brooks Brown
Y Buck N Buford
NByrd Carrell

N Carter Chambless
Y Chance N Cheeks Y Childers Y Clark.B N Clark.H
N Clark.L Y Colbert

N Coleman Y Colwell
Connell
Y Couch YCox
Y Crawford N Crosby
Cummings.B Cummings.M

MONDAY, MARCH 7, 1988

Y Davis.G N Davis.M N Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton N Floyd
N Foster Galer
Godbee N Goodwin N Green
Greene Y Greer N Gresham N Griffin
Groover
Y Hamilton N Manner N Harris Y Hasty Y Heard N Hensley Y Herbert Y Holcomb

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

On the motion, the ayes were The motion prevailed.

Y McKelvey McKinney
Y Meadows Milam
N Milford Y Mobley N Moody N 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 N Patten
Peters Pettit Y Phillips Y Pinkston Y Pittman N Porter Powell
nays 54.

Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
YRandall Y Ransom
NRay N Reaves
Redding Richardson N Ricketson Y Robinson Y Royal Y Selman N Shepard N Sherrod Y Simpson Y Sinkfield
N Sizemore N Smith.L N Smith.P Y Smith.T N Smith,W Y Smyre NSnow
Stancil Y Stanley

2659
Steinberg N 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 N White
Wilder Y Williams.B N Williams,J Y Wilson
Wood Workman Y Yeargin Murphy.Spkr

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.

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

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

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
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
Foster Galer

Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
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
Kingston
Y Lane.D

Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord
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 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
Prichard Y Rainey
Ramsey.T Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Y Selman

2660
Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T

JOURNAL OF THE HOUSE,

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 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 Wood
Y Workman Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite 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 has disagreed to the House substitutes to the following Bills of the Senate:

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition.

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

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

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

Representative Childers of the 15th moved that the House insist on its position in substituting SB 124.
The motion prevailed.

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

MONDAY, MARCH 7, 1988

2661

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 performed on such minor.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 621

The Committee of Conference on SB 621 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to SB 621 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ TShenoamtoars, F2.2AndllgDoiosdtrict
/s/ Donn M. Peevy Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A' Thomas' JrRepresentative, 69th District
/s/ Smith Representative, 152nd District

/s/ Alex Crumbley Senator, 17th District

/s/ Pete Robinson Representative, 96th District

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the "Parental Notification Act"; to provide that a minor seeking an abortion shall furnish a statement signed by a parent, guardian, or person standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her parents, guardian, or person standing in loco parentis; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the minor in preparing notices and petitions contemplated by this article; to provide that if the juvenile court shall fail to render its decision within 24 hours after the hearing on the petition then the petition shall be deemed granted; to provide for the sealing of juvenile court records; to provide for the preservation of anonymity; to change certain provisions with respect to certain reliance upon certain representations by certain health care providers; to change certain provisions with respect to criminal and civil liability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

2662

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, is amended by striking Article 3, relating to the "Parental Notification Act," and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
Ac1t5'-11-110. This article shall be known and may be cited as the 'Parental Notification
15-11-111. As used in this article, the term: (1) 'Abortion' means the intentional termination of human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus. (2) 'Unemancipated minor' means any person under the age of 18 who is not or
has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless:
\i) \AJ 1 n6 minor sccitHft^f ftft suoption is sccontpsrued toy ft p8rent o? Hflrdiftn u.nd sucn pflpent OF u&rdicm snftii rurnisn ftft ftitidsvit signed Dy sueft pspent of guardian and stieh tamer attesting that 8eh parent er guardian is the kwvf-al parent er guardian ef such miner; er
{B) Beth the miner seeking an abortion and- an accompanying adult furnish the physician er etner person intending te perform an abortion apen such miner an affidavit signed by beth saeh miner and- accompanying adult te the effect that a parent OP) rt tnc lumof ts suoject to U&Fdiftnsnip^ tfte le^&i uftpdiftn of sticft rninor n&s
{ ) T-he miner; if the miner has ne parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the miner and the ftccompftnyin GtuUit &ttc81in TO tile iflct tftflt tne minor docs no* tiftve ft pdpent or legal guardian and that the person standing in leee parentis te the miner has been
(1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or
(B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or
(C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed

MONDAY, MARCH 7, 1988

2663

and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and
(2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion.
(b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirement requirements of subparagraph (a)(l)(A), (a)(l)(B)j or (a)(l)(C) of this Code section2 or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, the any juvenile court in bfic county HI wnictt tnc minor resides or tn wnicft me &oortion is to DC perform6 t state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in cither saeh any county, notwithstanding Code Section 15-11-15.
15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c) The notification requirement of subparagraph (a)(l)(A), (a)(l)(B)j or (a)(l)(C) of Code Section 15-11-112 shall be waived if the court finds either:
(1) That the unemancipated minor is mature enough and well-informed well enough informed enough to make intelligently the abortion decision e her ewn in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order
that a record of the evidence be maintained. Saeh record shall preserve the anonymity ef the parties. The juvenile court shall render its decision within 24 hours of the conclu-
sion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclu-
sion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity.
(e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The
appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures pro-
vided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f) No filing fees shall be required of any unemancipated minor who uses the proce-
dures provided by this Code section.

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JOURNAL OF THE HOUSE,

15-11-115. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor er ef any accompflnyin &dult purporting to 21vc ftft ftrtictevic pccjuircd uwd6F tills ftrt-icic, including DUX net limited to; his fit her identity, age; marital status, emancipation, and relationship te any person for whom an affidavit is purportedly given or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the affidavit required and information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor."
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.

Representative Smith of the 152nd moved that the House adopt the report of the Committee of Conference on SB 621.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield N 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 Y Clark,L
Y Colbert Y Coleman
Colwell Y Connell
Couch YCox Y Crawford Y Crosby Y Cummings.B N Cummings.M N Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton
Y Floyd Foster Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer
Y Gresham Griffin Groover
Y Hamilton Y Hanner

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
Langford Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum N 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 N 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
Y Ransom

YRay Y Reaves
Redding N Richardson Y Ricketson
Y Robinson Y Royal
Selman Y Shepard Y Sherrod Y Simpson N Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
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

MONDAY, MARCH 7, 1988

2665

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
Wood

Y Workman Y Yeargin
Murphy.Spkr

On the motion, the ayes were 144, nays 9. The motion prevailed.

The following Resolution of the House was read and adopted:

HR 1075.

By Representatives Dover of the llth, Murphy of the 18th, Colwell of the 4th and Mangum of the 57th:
A resolution expressing sympathy regarding the passing of Mrs. Mary Ellen Caldwell Nixon.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1040 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HR 1040.

By Representatives Brooks of the 34th, Walker of the 85th, Stanley of the 33rd, Clark of the 55th, Redding of the 50th and others:
A resolution urging the United State Congress to pass legislation imposing economic sanctions against South Africa.

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

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

Y Bostick N Branch Y Brooks Y Brown
YBuck N Buford NByrd
N Carrell N Carter
Chambless Chance N Cheeks Childers Y Clark.B N Clark.H Clark,L N Colbert Coleman N Colwell

Y Connell Couch
YCox
N Crawford Crosby Cummings,B
Y Cummings.M
Y Davis.G N Davis,M Y Dixon N Dobbs
Dover Dunn Edwards N Pelton
Floyd N Foster
Galer NGodbee

Y Goodwin Green
Greene Y Greer N Gresham
N Griffin Groover
N Hamilton Manner
N Harris N Hasty N Heard N Hensley
Herbert Holcomb
Y Holmes Y Hooks Y Hudson
Isakson

Jackson,J N Jackson,W N Jamieson
Y Johnson,D N Johnson,R
Kilgore N Kingston
Lane.D N Lane.R Y Langford Y Lawler N Lawrence
Lawson NLee Y Linder
Long
Lord Y Lucas
Lupton

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JOURNAL OF THE HOUSE,

N Mangum Y Martin
McCoy McDonald N McKelvey Y McKinney N Meadows Milam Milford N Mobley N Moody N Moore N Morton N Mostiler Moultrie N Mueller N Oliver.C

Oliver.M Y Orrock N Padgett Y Pannell
Parham Parrish
Y Patten Peters Pettit Phillips Pinkston
N Pittman Porter
N Powell Y Prichard
Rainey Ramsey.T

Ramsey.V Y Randall N Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Royal Selman N Shepard Sherrod Y Simpson Y Sinkfield Sizemore Smith,L

Y Smith,P Smith.T
N Smith.W
Y Smyre N Snow
Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C
Y Thomas.M Thompson
Y Thurmond Tolbert Townsend Triplett
N Twiggs

On the adoption of the Resolution, the ayes were 53, nays 59. The Resolution was lost.

Waddle Y Waldrep Y Walker.C
Y Walker.L N Wall
Ware N Watson N Watts Y White N Wilder N Williams.B Y Williams,J Y Wilson
Wood Y Workman
Yeargin Murphy.Spkr

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.

The following Resolution of the House, favorably reported by the Committee on Rules, was read:

HR 1039. By Representative Martin of the 26th:
A resolution urging the Georgia Institute of Technology to expand the facilities for student parking.

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 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
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 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
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
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
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
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 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
Smith.L
Y Smith.P Smith.T Smith.W
Y Smyre YSnow Y Stancil Y Stanley
Steinberg N Stephens Y Thomas.C Y Thomas.M Y Thompson
N Thurmond Y Tolbert
Townsend
Triplett Y Twiggs
Waddle Y Waldrep

MONDAY, MARCH 7, 1988

2667

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
Wood

On the adoption of the Resolution, the ayes were 149, nays 2. The Resolution was adopted.

Y Workman Y Yeargin
Murphy.Spkr

The following Resolution of the House, favorably reported by the Committee on Rules, was read:

HR 1041. By Representatives Snow of the 1st, McCoy of the 1st, Peters of the 2nd, Colwell of the 4th, Foster of the 6th and others:
A resolution urging the Department of Transportation to designate the Forest Hays, Jr., Memorial Highway.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Adams.G Y Adams.M Y Aiken 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 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
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
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
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 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
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
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 162, nays 0. The Resolution was adopted.

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 Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B
Y Williams,J Y Wilson
Wood
Y Workman Y Yeargin
Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 414. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to 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.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Bamett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck Y Buford
YByrd YCarrell 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
Y Couch
YCoj Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.G Y Davis,M Y Dixon
YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler
Godbee Y Goodwin Y Green Y Greene YGreer YGresham 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 YLane.R
Y Langford Lawler
Y Lawrence Lawson
YLee Y Under
Long YLord Y 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 YMorton

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
Ramsey.T Y Ramsey.V YRandall Y Ransom
Ray Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore
Y Smith,L Y Smith.P Y Smith,T
Y Smith.W Y Smyre YSnow 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 Waddle
Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y WiUiams,J
Y Wilson 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.

The following Resolutions of the House were read and adopted:

HR 1076. By Representatives Murphy of the 18th, Lee of the 72nd, Coleman of the 118th, Walker of the 115th and Connell of the 87th:
A resolution recognizing the Honorable Dick Pettys of the Associated Press.

HR 1077. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assistant Doorkeepers of the House of Representatives.

HR 1078. By Representatives Byrd of the 153rd, Lane of the lllth, Dobbs of the 74th, Watson of the 114th, Carrell of the 65th and others:
A resolution commending Honorable Neal Jackson.

HR 1079.

By Representatives Tolbert of the 58th, Redding of the 50th, Morton of the 47th, Linder of the 44th, Richardson of the 52nd and others:
A resolution urging the Department of Transportation to explore alternatives to the placement of a concrete barrier on Memorial Drive and to consider obtaining an environmental and economic impact study before undertaking further action.

MONDAY, MARCH 7, 1988

2669

HR 1080. By Representatives Smith of the 152nd and Murphy of the 18th: A resolution commending and recognizing Ms. Jacqueline Roberts.

HR 1081. By Representatives Rainey of the 135th, Cummings of the 17th, Waldrep of the 80th, Kingston of the 125th, Watts of the 41st and others:
A resolution congratulating Honorable Robert G. Peters.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 216

The Committee of Conference on HB 216 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 216 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jfuren McDonald, Jr. Representative, 12th District
/s/ Larry 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), as amended by an Act approved February 25, 1988 (Act No. 823, HB 1267) so as to change certain language; 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 25, 1988 (Act No. 823, HB 1267) is amended by striking 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

2670

JOURNAL OF THE HOUSE,

of financing the purchase and installation of a new pulping machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia 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 maturities not in excess of sixty months."
Section 2. Said Act is further amended by striking from Section 73 the words "Georgia Southern University" and by inserting in lieu thereof the words "Georgia Southern College".
Section 3. Said Act is further amended by striking from Section 61 the date "June 30, 1989" and by substituting in lieu thereof the date "June 30, 1988".
Section 4. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 216.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck
Benefield Benn Y Birdsong Y Bishop Bostick Y Branch
Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y 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 Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis,G N 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
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 Y Johnson.R
Y Kilgore Y Kingston Y Lane.D YLane.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 Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 158, nays 2. 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 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 Sinkfleld

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 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

The following Bill of the Senate was taken up for the purpose of considering the Senate substitute to the House substitute thereto:

MONDAY, MARCH 7, 1988

2671

SB 109. By Senator Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to declare unlawful the manufacture of controlled substances without a license or registration; to provide a definition; to provide punishments.

The following Senate substitute to the House substitute to SB 109 was read:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to eliminate the requirement that a person be in actual possession of certain controlled substances to be guilty of certain offenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking subparagraph (D) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in its place a new subparagraph to read as follows:
"(D) Cocaine, Coca coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;".
Section 2. Said chapter is further amended by striking in its entirety Code Section 16-13-31, relating to penalties for trafficking in certain controlled substances and marijuana, and inserting in its place a new Code Section 16-13-31 to read as follows:
"16-13-31. (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing, (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has actual possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and

2672

JOURNAL OF THE HOUSE,

II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has aetoal possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of 100 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $25,000.00;
(2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $50,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00. (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.
(2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (f) Any person who violates any provision of this Code section^ in regard to trafficking in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00."
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 substitute to the House substitute to SB 109.

MONDAY, MARCH 7, 1988

2673

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien
Y 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 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 Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
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

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.B Y Langford Y Lawler Y Lawrence
Y Lawson YLee
Y Under Long
YLord 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 Mortal

On the motion, the ayes were 163, nays 0. The motion prevailed.

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 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 SmithJ 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 YTwigga
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 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 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 197

The Committee of Conference on SB 197 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 197 be adopted.
Respectfully submitted,

2674

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/si Edward Hine, Jr. Senator, 52nd District
/s/ J. Nathan Deal Senator, 49th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wm- J - Lee Representative, 72nd District
/s/ Tommy Chambless Representative, 133rd District
/s/ Charles A. Thomas, Jr. Representative, 69th District

A BILL

To amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-10-23 of the Official Code of Georgia Annotated, relating

to compensation of judges of the magistrate courts, is amended by striking subsections (a)

and (b) and inserting in their place new subsections (a) and (b) and by adding at the end

of such Code section new subsections (f) and (g) to read as follows:

"(a) Unless otherwise provided by local law, the chief magistrate of each county

other than those counties where the probate judge serves as chief magistrate shall

receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0

5,999.....................................................................$ 3,060.00 5,925.00

6,000 11,999....................................................................... 6,886.00 8,827.50

12,000 19,999....................................................................... 6,710.00 10,065.00

20,000 29,999....................................................................... 7,600.00 11,250.00

30,000 39,999....................................................................... 8,910.00 13,365.00

40,000 49,999....................................................................... 9,720.00 14,580.00

50,000 99,999....................................................................... 10,320.00 15,480.00

100,000 199,999....................................................................... 13,476.00 20,212.50

300,000 or more ............1.............................................................

28,750.00

The minimum salary for each affected chief magistrate shall be fixed from the above

table according to the population of the county in which h the chief magistrate serves

as determined by the United States decennial census of 1980 or any future such census.

The county governing authority may supplement the minimum annual salary of the

chief magistrate in such amount as it may fix from time to time; but no chief

magistrate's compensation or supplement shall be decreased during any term of office.

(b) Unless otherwise provided by local law, each magistrate other than the chief

magistrate shall receive a minimum monthly salary of $60.00 $250.00 per month. The

salary of each magistrate other than the chief magistrate may be supplemented by the

county governing authority in such amount as it may fix from time to time; but no such

magistrate's compensation or supplement shall be decreased during any term of office.

(f) During the term of office of any chief magistrate or magistrate whose salary is

supplemented by the county governing authority, the chief magistrate or magistrate shall

be entitled to the greater of the current salary, including any supplement by the county

governing authority, or the minimum annual salary stated in subsection (a) of this Code

section but in no event to both.

(g) This Code section shall not apply to any chief magistrate who is also serving as

a judge of a civil court which is provided for in Article VI, Section Ij Paragraph I of

the Constitution of the State of Georgia of 1983. In such case, the salary of such chief

magistrate shall be as provided by the local governing authority of the county."

MONDAY, MARCH 7, 1988

2675

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.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on SB 197.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Y Athon
Y Atkins Bailey Balkcom
Y Bannister N 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
Carrell
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
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 Banner
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 Jobnson.D Y Johnson,R Y Kilgore N Kingston Y Lane.D
Y Lane,R Y Langford
Y Lawler N Lawrence Y Lawson YLee
Linder Long 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 Mortal

On the motion, the ayes were 149, nays 5. The motion prevailed.

Y Mostiler
Y Moultrie N Mueller Y Oliver.C Y Oliver.M
Orrock Y Padgett Y Pannell YParham 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 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
Thomas.M Y Thompson
Thurmond Y Tolbert Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L
N 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

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 201. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to provide that magistrate courts shall have jurisdiction over the execution or subscribing and the acceptance of written waivers of extradition.

Representative Thomas of the 69th moved that the House insist on its position in substituting SB 201.
The motion prevailed.

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

2676

JOURNAL OP THE HOUSE,

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 677 Do Pass SB 682 Do Pass
Respectfully submitted, Is/ Adams of the 36th
Chairman

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 677. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

SB 682. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Fannin County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for 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 97, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

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 393 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

MONDAY, MARCH 7, 1988

2677

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate recedes from disagreement and agrees to the House substitute as amended by the Senate to the following Bill of the Senate:

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

His Excellency, Governor Joe Frank Harris, appeared upon the floor and addressed the House.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto and the Senate's agreeing to the House substitute, as amended by the Senate:

SB 124. 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 Administration, so as to authorize employees in the classified service who have accumulated sick leave to utilize such sick leave at any time such employees are sick.

The following Senate amendment to the House substitute was read:

Amend the House substitute to SB 124 by deleting from line 27 of page 1 the word "four" and inserting in lieu thereof the word "three".
By deleting from line 1 of page 2 the words "one year" and inserting in lieu thereof the following:

Representative Lee of the 72nd moved that the House disagree to the Senate amendment to the House substitute to SB 124 and insist on our position in substituting the same.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1701.

By Representative Randall of the 101st:
A bill to amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree meets the educational requirements for licensure.

2678

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree and certain experience and supervision shall meet the educational requirements for licensure; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, is amended by striking said Code section in its entirety and substituting in lieu thereof the following:
"43-7A-13. The education, experience, and training requirements for licensure in marriage and family therapy are as follows:
(1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; or
(2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral programs ; or
(3) A law degree and four years full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy. This subsection will expire January lj 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 101st moved that the House agree to the Senate substitute to HB 1701.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Adams.G
N Adams.M N Aiken Y Alford Y Alien
N Athon N Atkins Y Bailey Y Balkcom N Bannister N Bargeron Y Barnett,B
N Barnett,M Beck

Y Benefield YBenn N Birdsong Y Bishop
Y Bostick Y Branch Y Brooks Y Brown YBuck
Buford NByrd N Carrell Y Carter
Chambless N Chance

N Cheeks N Childers
Y Clark.B N Clark.H N Clark.L
N Colbert Y Coleman N Colwell Y Connell N Couch
NCox Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis.G
N Davis.M Y Dixon N Dobbs Y Dover
Dunn Y Edwards
N Felton N Floyd N Foster Y Galer N Godbee YGoodwin Y Green Y Greene

Y Greer
N Gresham N Griffin Y Groover
Hamilton N Manner N Harris
Y Hasty N Heard N Hensley Y Herbert Y Holcomb Y Holmes N Hooks Y Hudson

MONDAY, MARCH 7, 1988

N 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 Y Lawrence Y Lawson YLee Y Under
Long
YLord
Lucas N Lupton N Mangum

Y Martin N McCoy Y McDonald N McKelvey
McKinney
N Meadows Milam
Y Milford Y Mobley N Moody
Moore N Morton Y Mostiler N Moultrie N Mueller Y Oliver.C
N Oliver.M N Orrock
N Padgett Y Pannell
Y Parham

Y Parrish Y Patten N Peters N Pettit Y Phillips
Y Pinkston N Pittman Y Porter N Powell Y Prichard N Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom
YRay N Reaves
Redding Y Richardson N Ricketson Y Robinson

N Royal Y Selman
N Shepard N Sherrod Y Simpson Y Sinkfield
Sizemore
Y Smith.L N Smith,P Y Sraith.T N Smith,W Y Smyre YSnow
Y Stancil N Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M N Thompson Y Thurmond

On the motion, the ayes were 87, nays 77. The motion was lost.

2679
Y Tolbert N Townsend Y Triplett N Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L N Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams.B
Williams,J N Wilson
Wood Y Workman N Yeargin
Murphy,Spkr

Representative Groover of the 99th moved that the House reconsider its action in failing to agree to the Senate substitute to HB 1701.
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 Athon
N Atkins Bailey
Balkcom N Bannister
Bargeron Y Barnett,B N Barnett,M
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown YBuck
Buford NByrd Y Carrell Y Carter
Chambless N Chance Y Cheeks N Childers Y Clark,B Y Clark,H
Clark,L N Colbert

Y Coleman
Colwell Y Connell N Couch NCox
Y Crawford Y Crosby Y Cummings.B Y Cumminga,M Y Davis,G N Davis.M Y Dixon
N Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green
Greene Y Greer N Gresham
Y Griffin Y Groover Y Hamilton N Banner N Harris Y Hasty N Heard N Hensley Y Herbert
Holcomb

Y Holmes Hooks
Y Hudson Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R
Kilgore
Y Kingston N Lane,D N Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin
N McCoy Y McDonald N McKelvey
McKinney N Meadows
Milam Y Milford Y Mobley Y Moody
Moore N Morton

On the motion, the ayes were 110, nays 43. The motion prevailed.

Y Mostiler
Y Moultrie N Mueller
Y Oliver.C Y Oliver.M N Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten N Peters N Pettit Y Phillips Y Pinkston N Pittman Y Porter N Powell Y Prichard
N Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom YRay N Reaves Y Redding Y Richardson N Ricketson Y Robinson Y Royal Y Selman N Shepard
N Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L
N Smith.P Y Smith.T
N Smith,W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Tolbert Y Townsend Y Triplett
Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L N Wall YWare
N Watson Watts
Y White
N Wilder N Williams.B
Williams,J N Wilson
Wood Y Workman
Yeargin
Murphy.Spkr

2680

JOURNAL OF THE HOUSE,

HB 1701 was again taken up for the purpose of considering the Senate substitute thereto.

Representative Randall of the 101st moved that the House agree to the Senate substitute to HB 1701.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Adams.G
N Adams,M N Aiken Y Alford
Alien N Athon N Atkins Y Bailey Y Balkcom N Bannister
Bargeron Y Barnett,B N Barnett,M
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown NBuck
Buford
YByrd Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks N Childers Y Clark,B N Clark.H Y Clark,L
N Colbert

Y Coleman N Colwell
Y Connell N Couch NCox Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards
N Felton Y Floyd N Foster N Galer N Godbee Y Goodwin Y Green Y Greene Y Greer
N Gresham N Griffin Y Groover
Y Hamilton Manner
N Harris Y Hasty N Heard Y Hensley
Herbert
Y Holcomb

Y Holmes
Hooks Y Hudson
N Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson.D Y Johnson,R N Kilgore Y Kingston N Lane.D N Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas
Lupton N Mangum Y Martin N McCoy Y McDonald N McKelvey
McKinney N Meadows
Milam Y Milford Y Mobley Y Moody
Moore
N Morton

On the motion, the ayes were 106, nays 49. The motion prevailed.

Y Mostiler N Moultrie
N Mueller Y Oliver.C Y Oliver.M
Y Orrock Y Padgett Y Pannell YParham
Y Parrish Y Patten
Y Peters N Pettit
Phillips Y Pinkston N Pittman Y Porter N Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson N Ricketson
N Robinson N Royal
Y Selman N Shepard
Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L N Smith,?
Smith.T
N Smith,W Smyre
YSnow Y Stancil
Stanley Y Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Tolbert
Townsend Y Triplett
Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L N Wall
Y Ware Y Watson
Y Watts Y White N Wilder Y Williams.B
Williams,J N Wilson
Wood Y Workman
Y Yeargin Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 509. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

MONDAY, MARCH 7, 1988

2681

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 provide 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 435

The Committee of Conference on SB 435 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 435 be adopted.

Respectfully submitted,

FOR THE SENATE: M RSoenyaEto.rB, a3r3nrdesDistrict
M Lewis McKenzie Senator, 14th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Tommy Chambless Representative, 133rd District

M Walter S. Ray Senator, 19th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

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 provide for definitions; to provide, under certain circumstances, that certain records are open to the public and certain records are not open to the public; to provide for certain privileges and statutory exceptions; to provide for copying fees and costs; to provide for civil and criminal enforcement; to provide for judicial powers and remedies and exceptions thereto; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows:
"50-18-70. (a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, or similar material prepared and maintained or received in the course of the operation of a public office or agency.
{a} (b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection ef- by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.
{b} (c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days."

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JOURNAL OF THE HOUSE,

Section 2. Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs or reproductions of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs or reproductions of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work.
(b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25$ per page.
(d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour.
(e) An agency shall utilize the most economical means available for providing copies of public records."
Section 3. Said article is further amended by striking Code Section 50-18-72 which reads as follows:
"50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise.
(b) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.
(c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confidential nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.", and inserting in lieu thereof a new Code section to read as follows:

MONDAY, MARCH 7, 1988

2683

"50-18-72. (a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would
be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or
prosecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;
(5) Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained
in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented
to the agency or an officer for action or the investigation is otherwise concluded or terminated; provided that this paragraph shall not be interpreted to make such investigatory records privileged;
(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.
(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law
to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or
research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern,
where such data, records, or information has not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to
include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.
(c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law and except for data, records, or information relating to any of the following: planning for
future acquisition of real property; marketing; the potential expansion of health related services; the preparation in anticipation of the filing of a certificate of need application but only until such application is filed with the appropriate approval
agency; the promotion of quality assurance, peer review, and security systems; the investigation of potential claims; or matters involving medical staff recruitment.
(2) All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or similar information which has or
will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall
not be admissible in evidence in any court of the state unless the court finds that the
identity of the informant already has been disclosed otherwise. (d) This article shall not be applicable to any application submitted to or any
permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other
requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.

2684

JOURNAL OF THE HOUSE,

(e) This article shall not be construed to repeal: (1) The attorney-client privilege recognized by state law to the extent that a record
pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; provided, however, attorney-client information may be obtained in a proceeding under Code Section 50-18-73 to prove justification or lack thereof in refusing disclosure of documents under this Code section provided the judge of the court in which said proceeding is pending shall first determine by an in camera examination that such disclosure would be relevant on that issue;
(2) The confidentiality of attorney work product; or (3) State laws making certain tax matters confidential. (f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying."
Section 4. Said article is further amended by striking Code Section 50-18-73, relating to enforcement of open records, and inserting in lieu thereof a new Code section to read as follows:
"50-18-73. (a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. The court IBfly flw&ro. to the preVQI11n p&rty reflsonfluK flttorney s tecs ftnd other 1111ufl110n cxpenses peftsonft Dly incurred m Drin^m^ of defending trie fiction TO enforce compiiftnee with tins flFtide, m ftddition TO such other reiiei fts MIfly oe uro.ntCQ oy the court.
(b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the action constituting a violation of this article was completely without merit as to law or fact ^ the court shall award to the complaining party attorney's fees and expenses of litigation reasonably incurred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the defendant attorney's fees and expenses of litigation reasonably incurred."
Section 5. Said article is further amended by adding at the end thereof a new Code Section 50-18-75 to read as follows:
"50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege."
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 Groover of the 99th moved that the House adopt the report of the Committee of Conference on SB 435.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M

N Aiken Y Alford
Alien

Y Athon N Atkins Y Bailey

Y Balkcom N Bannister Y Bargeron

Y Barnett,B N Barnett.M
Beck

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Brooks Y Brown
YBuck Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers Y Clark,B N Clark.H
Clark,L N Colbert N Coleman Y Colwell Y Connell Y Couch NCox Y Crawford Y Crosby
N Cummings,B N Cummings,M N Davis.G Y Davis,M
Y Dixon

MONDAY, MARCH 7, 1988

N Dobbs Y Dover
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 Hfinner Y Harris Y Hasty Y Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson N Isakson N Jackson,J Y Jackson,W N Jamieson Y Johnson,D Y Johnson,R

Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder Long YLord N Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney Y Meadows
Milam N Milford Y Mobley
Y Moody Moore
N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y 01iver,M Y Orrock

Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters N Pettit Y Phillips N Pinkston N Pittman N Porter N 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 N Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith,L Y Smith,P

On the motion, the ayes were 130, nays 34. The motion prevailed.

2685
N Smith.T Y Smith,W Y Smyre YSnow Y Stancil N 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 N Walker.L N Wall Y Ware Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Wilson
Wood Y Workman Y Yeargin
Murphy.Spkr

The following Resolution of the Senate was read and adopted:

SR 509. By Senators Allgood of the 22nd and Kennedy of the 4th:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn sine die at 10:30 P.M. on March 7, 1988.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 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.

2686

JOURNAL OF THE HOUSE,

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.

HB 1909.

By Representatives Alford of the 57th, Athon of the 57th, Oliver of the 53rd, Lawrence of the 49th, Mangum of the 57th and others
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.

HB 1922. By Representative Aiken of the 21st:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 979. By Representatives Reaves of the 147th, Sherrod of the 143rd, Branch of the 137th, Greene of the 130th, Pittman of the 60th and others:
A resolution urging Japan Tobacco, Inc., to purchase high-quality Georgia tobacco during the 1988 tobacco marketing season.

The Senate recedes from its amendment to the following Bill of the House:

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 Annotated, relating to the consumers' utility counsel, so as to eliminate and repeal the provisions relative to the automatic repeal of the chapter.

The Senate has agreed to the House substitute to the following Bills of the Senate:

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 departments 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' Retirement System of Georgia or remain members of a local retirement system.

SB 128. By Senator Gillis of the 20th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity 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 & surviving spouse shall be for the life of the surviving spouse, notwithstanding remarriage of the surviving spouse.

MONDAY, MARCH 7, 1988

2687

SB 129. By Senator Gillis of the 20th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, 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 318. By Senators Burton of the 5th, Albert of the 23rd and Phillips of the 9th:
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 Programs for the Blind; 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.

SB 352. By Senator Scott of the 36th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, 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.

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 495. By Senator Barnes of the 33rd:
A bill to amend Code Section 34-9-11 of the Official Code of Georgia Annotated, 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.

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 Annotated, 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 institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution.

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.

2688

JOURNAL OF THE HOUSE,

SB 615. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-98 of the Official Code of Georgia Annotated, 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.

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 systems; to provide a statement of purpose; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education.

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 superior 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.

The Senate has adopted the reports of the Committees of Conference on the following Bills of the Senate and House:

SB 197. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates.

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 Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to change certain provisions relating to consent to certain medical treatment; to provide for informed consent to surgical treatment; to provide for disclosure of procedures and courses of treatment.

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 provide 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.

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 Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in Chapter 11 of Title 31.

MONDAY, MARCH 7, 1988

2689

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 performed on such minor.

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 vehicles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.
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.
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 776. By Representative Isakson of the 21st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the offenses which are bailable only before a judge of the superior court; to change the provisions relating to releasing persons on bail or their own recognizance when those persons have committed certain offenses.

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 mentally 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 conduct.

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 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.

2690

JOURNAL OF THE HOUSE,

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).

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 Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for limitations upon the use of certain kidney dialyzers.

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 Annotated, relating to when post-mortem examinations or autopsies are to be performed and inquests to be held, so as to change certain fees relating to investigations and impaneling of juries by coroners.

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 property, so as to provide that certain state authorities may not sell real property without the prior approval of the General Assembly.

HB 1785. By Representative Cummings of the 17th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to change the provisions relating to the purchase of foods for school lunch purposes.

The Senate has agreed to the House substitute to the Senate substitute to the following Bill of the House:

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 District ad valorem taxes.

The Senate has agreed to the House amendments to the Senate amendments to the following Bills of the House:

MONDAY, MARCH 7, 1988

2691

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.

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 Annotated, 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 accountants.

The Senate has agreed to the House amendment to the Senate amendment No. 1 to the following Bill of the House:

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 Annotated, relating to the General Assembly in general, so as to change the definition of the term "population bill" for purposes of the constitutional prohibition of population bills.

The Senate has agreed to the House amendment to the following Bills of the Senate:

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 ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county be 18 years of age or older.

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 unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief.

The Senate has agreed to the House amendments to the Senate substitutes to the following Bills of the House:

2692

JOURNAL OF THE HOUSE,

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 Annotated, 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.

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 communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the name and address of the person, numbered 713, who has regis-
tered in the Docket of Legislative Appearance as of March 11, 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 llth day of March, 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

713. B.J. Powell
Allison Manufacturing Co.
1447 Peachtree Street, N.E. Suite 710 Atlanta, Georgia 30309

Pursuant to the provisions of SR 509, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1988
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PARTI
HOUSE AND SENATE BILLS AND RESOLUTIONS
A. L. "AL" BURRUSS CORRECTIONAL TRAINING CENTER; designate ..HR 46 ABANDONMENT
Motor vehicles; disposition of vehicle and parts .........................................................HB 1471 Motor vehicles; notification ...............................................................................................SB 442 Motor vehicles; unattended vehicle checks...................................................................HB 1385 Motor vehicles; waive certain notice................................................................................HB 658 ABORTION Abortions and pregnancy counseling; informational booklets .....................................HB 694 Abortions; mandatory counseling.....................................................................................HB 645 Parental notification; signed statement ...........................................................................SB 621 ACCOUNTANTS Accountancy, Board of; administration of laws ...........................................................HB 1352 Accountancy, Board of; termination date.....................................................................HB 1454 ACRES, HAROLD R.; commend...................................................................................HR 1011 AD VALOREM TAX Agricultural property; conveyance ...................................................................................HB 948 Antique automobiles; ad valorem tax; maximum value - CA......................................HR 240 Assessment of property....................................................................................................HB 1514 Boats; certificates of number for vessels; issuance......................................................HB 1148 Church-owned vehicles; exemption................................................................................HB 1225 Counties and municipalities; multiyear agreements......................................................HB 256 Counties; levy fees for fire protection services.............................................................HB 1463 County boards of equalization; alternate members; appointment ............................HB 1465 County boards of equalization; selection of membership...........................................HB 1278 County tax digests; review and equalization ................................................................HB 1279 County tax officials; appointment of chief deputy.........................................................SB 485
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2696

INDEX

AD VALOREM TAX (Continued) Education; reduction in county with special sales tax - CA........................................HR 723 Elderly; income qualification............................................................................................HB 778 Electric utilities; distribution - CA..................................................................................HR 167 Equalized adjusted school property tax digest; establish...........................................HB 1269 Fulton County; alternative tax deferral for the elderly.................................................SB 533 Homestead exemption; certain qualification; population classification...................HB 1727 House Alternative Revenue Sources Study Committee; create...................................HR 757 Insurance premiums; counties; reduction .....................................................................HB 1259 Inventories; assessment date - CA......................................................................................SR 11 Millage rates; determination...........................................................................................HB 1534 Mobile homes......................................................................................................................HB 823 Mobile homes; definition...................................................................................................HB 700 Motor vehicle registration; prorated fee .........................................................................HB 447 Motor vehicles; assessment; dealers...............................................................................HB 1299 Municipal development authorities ..................................................................................SB 611 Municipalities; contract with county; tax collection...................................................HB 1200 National Register of Historic Places; transfer of property; taxation - CA....................................................................................................................SR 265 Personal property appraisers; supplemental funds .....................................................HB 1270 Preferential assessment; date of application...................................................................SB 211 Property assessed on its existing use...............................................................................HB 434 Property of electric utilities; state ad valorem tax........................................................HB 696 Property of electric utilities; state ad valorem tax - CA..............................................HR 221 Property owned by authority; certain exemption..........................................................HB 648 Public utilities; assessments; appeals procedure............................................................HB 337 Public utilities; state levy..................................................................................................HB 491 School lunches; municipal development authorities; millage ....................................HB 1785 Special county sales tax; educational purposes............................................................HB 1608 Tangible personal property; separate class - CA...........................................................HR 571 Tax execution and sales; advertisement; requirement................................................HB 1074 Tax executions; prohibit payment by certain officials ...............................................HB 1280 Transfer certain agricultural property to relative.......................................................HB 1464
ADAMS, GEORGE DRAYTON; commend..................................................................HR 956
ADAMS, WILBURN M.; commend................................................................................HR 925
ADJOURNMENT Adjourn 1/15/88; reconvene 1/25/88.................................................................................SR 260 Adjourn 2/12/88; reconvene 2/15/88................................................................................HR 797 Adjourn 2/19/88, reconvene 2/22/88; adjourn 2/26/88, reconvene 2/29/88; adjourn 3/4/88, reconvene 3/7/88................................................SR 406 Adjourn sine die...................................................................................................................SR 509 Adjourn sine die; amend SR 406.......................................................................................SR 501
ADMINISTRATIVE PROCEDURE Contested cases in decisions; statements........................................................................HB 841 Medical or dental license; appeal of contested case....................................................HB 1456 Workers' Compensation rules.........................................................................................HB 1053
ADMINISTRATIVE SERVICES, DEPARTMENT OF Purchasing; timely payment ..............................................................................................SB 618 Services to local government...........................................................................................HB 1297
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Commissions......................................................................................................................HB 1251 Estates; inventories and returns; filing requirements...................................................HB 598 Estates; nonresident executors; bond requirements......................................................HB 599

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INDEX

2697

ADOPTION Accident and sickness policies; coverage.......................................................................HB 1527 Child custody; proceedings; define.................................................................................HB 1509 Child placement agencies; special needs children; payments ....................................HB 1363 Provide information regarding birth parents ....................................................................SB 63 Relatives; grandparents' visitation rights......................................................................HB 1389 Special needs children; payments to certain agencies ...................................................SB 422 Waive certain requirement................................................................................................HB 235
ADVERTISING Drug prices ...........................................................................................................................SB 397 Legal advertisements; printed in certain type .............................................................HB 1329 Outdoor advertising; height of certain signs ................................................................HB 1572 Promotional giveaways or contests; amend provisions ..................................................SB 529 Tax executions and sales; requirement .........................................................................HB 1074
AGED (See Elderly)
AGENCIES (See named Agency or State Government)
AGRICULTURE Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; preferential assessment; date of application......................................SB 211 Ad valorem tax; transfer certain agricultural property to relative...........................HB 1464 Agricultural commodities; assessment; out-of-state products....................................HB 1265 Agricultural Commodity Commission for Peanuts; amend provisions.......................HB 476 Agricultural Exposition Authority; membership; Employees' Retirement..................................................................................................HB 305 Agrirama Authority; Employees' Retirement; membership .........................................HB 896 Agrirama Development Authority; members' expenses................................................HB 303 Animals; fees for impounding...........................................................................................HB 826 Animals; fees for impounding, care, and feeding.........................................................HB 1806 Atlanta Market for Georgia Farm Products Authority; create .................................HB 1849 Commissioner of Agriculture; appointment - CA..........................................................HR 228 Commissioner of Agriculture; appointment by Governor ............................................HB 738 County boards of health; certain activities; regulation..................................................SB 290 Emerging Crops Fund Act; enact...................................................................................HB 1690 Emerging crops loan fund; create - CA...........................................................................HR 781 Equines; humane care......................................................................................................HB 1730 Export Finance Fund; create - CA ..................................................................................HR 659 Export finance program; establish.................................................................................HB 1484 Farm crops; certain sales tax exemption.........................................................................HB 374 Farmers; pesticide contamination cases; liability ........................................................HB 1518 Georgia Dairy Act; amend..................................................................................................SB 642 Georgia Farm Debt Mediation Act; enact ....................................................................HB 1591 Georgia tobacco; urging Japan Tobacco, Inc., to purchase..........................................HR 979 Grain dealers; certain documents; investigations ...........................................................SB 440 Groundwaters; permits for farm use................................................................................HB 137 House Agricultural Assistance Study Committee; create.............................................HR 815 Joint Agrirama Study Committee; create .......................................................................HR 891 Labeling of beef; amend provisions .................................................................................HB 306 Labeling of seeds; year of production..............................................................................HB 923 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Nuisances; treatment of agriculture operations; amend provisions.............................SB 570 Pesticide contractors; evidence of financial responsibility.........................................HB 1283 Rabun County; urge lease of certain property ...............................................................HR 924 Sales tax; exempt propane gas used for certain agricultural purposes ....................HB 1673 Sales tax; heating fuel for swine structure; exemption...............................................HB 1314 Seed-Capital Fund; create - CA.......................................................................................HR 552

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2698

INDEX

AGRICULTURE (Continued) Soil and Water Conservation Committee; certain contracts; grants ........................HB 1401 State Soil and Water Conservation Commission; name change................................HB 1402 Tax Reform Act of 1986; costs to farmers; urge amendment to United States Constitution ......................................................................................HR 897 Tobacco export to South Korea; relative to....................................................................SR 423 Tobacco; pesticide residues; detention or condemnation...........................................HB 1266 Tobacco products; prohibit sales to minors....................................................................HB 139 Tobacco products; regulate sales......................................................................................HB 695 Warehousemen; weighing and handling leaf tobacco; charges...................................HB 1537 Water resources; farm uses; permits..............................................................................HB 1543
AIDS Battery; conviction for murder if victim dies....................................................--.....--HB 1630 Consent for surgical or medical treatment; disclosure.--................------.----.--HB 107 Marriage license; testing; requirements.......................................................................--.HB 604 Pardons and paroles; test before granting ....................................................................HB 1199 Police powers..............................................................................-.....-.....-....................HB 1281 Prisoners; care for persons with virus................................................--........----..........HB 1197 Prisoners; testing for virus..............................................................................................HB 1198 Public schools; sex education course; standards--.......................................................... SB 352 Sexually transmissible infections; control provisions--.................................................HB 167 Testing; requirement................................................................................--..................HB 1047 Urging an educational curriculum to encourage prevention--.....................................HR 810 Victims; certain persons; notification........----...............................................................HB 36 Workers' Compensation; law enforcement officers contracting AIDS .....................HB 1755
AIRLINES AND AIRPORTS (See Aviation)
ALBANY, CITY OF; homestead exemption; elderly ..............................................HB 1852
ALBERT "AL" HOLLOWAY LABOR BUILDING; designate..............................SR 163
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcohol and drug abuse; allocate money for treatment programs - CA ......................HR 13 Alcohol and drug courses; segment on consumption while pregnant.--...........----..HB 1668 Alcohol and Drug Safety Course; license requirement--.........................................--HB 1133 Alcoholism and drug abuse; additional penalties; procedure.........................................HB 62 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Cruelty to children; certain pregnant females .............................................................HB 1380 Driver's license; certain convictions; notification within 10 days.............................HB 1467 Driver's license; driving while license revoked; felony--.............................................HB 1337 Driver's license; minimum age after certain convictions--......................................... HB 1166 Driving under the influence; amend provisions...........................................................HB 1660 Driving under the influence; certain violations; specify acts in other jurisdictions...................................................................................HB 37 Driving under the influence; chemical tests; amend provisions.--..............................HB 793 Driving under the influence; fines; prohibit installment payments--......................--HB 675 Driving under the influence; implied consent; certain fatal accidents........----....HB 1412 Driving under the influence; serious injury by vehicle; penalty--...............................HB 796 Driving under the influence; standards for chemical tests...........................................SB 317 Excise tax on beer and wine.............................................................................................HB 758 Farm wineries; Sunday sales; certain hours .............................................................--.HB 1558 Firearms; possession while under the influence; prohibitions...................................HB 1255 Furnish to minors; municipal court jurisdiction.............................................................SB 141 Habitual offender; probationary driver's license; attend certain meetings...............................--......--.......--.......................................................HB 1870 Homelessness in Georgia Study Committee; create.........................................------...HR 214 In-room sales by hotel; license--.......--..----........--.----................................................... HB 227

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INDEX

2699

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Involuntary emergency treatment; authorization; certain persons ...........................HB 1498 Jails; certain items or conduct; penalty ........................................................................HB 1461 License display; amend proximity regulation...............................................................HB 1656 Malt beverages or wine; alcohol content.........................................................................HB 199 Malt beverages; home production; regulation ................................................................HB 272 Malt beverages; sell for consumption on premises......................................................HB 1733 Mental health; child and adolescent screening program; requirements......................SB 641 Mentally ill persons; release of certain information; immunity ..................................HB 152 Motor vehicle; consumption while driving......................................................................HB 635 Motor vehicle; consumption while driving......................................................................HB 674 Murder by vehicle; penalty .............................................................................................HB 1393 Post-mortem exam; certain deaths; blood analysis; drugs or alcohol.......................HB 1318 Probation; install ignition interlock device; certain conviction.................................HB 1919 Prohibited conduct on premises where sold...................................................................HB 516 Purchases; proper identification; prohibit traffic citation..........................................HB 1790 Richmond County; malt beverage tax; excess revenue .................................................HB 748 Sales; age verification.......................................................................................................HB 1322 Sales containing levels of certain substances; warning signs .....................................HB 1877 Sales; duty to verify age..................................................................................................HB 1765 Sales; persons under 21 years; prohibitions..................................................................HB 1181 Sales; post certain signs .....................................................................................................HB 431 Schools; certain courses; requirements............................................................................HB 472 Stone Mountain Memorial Association; sales ..............................................................HB 1347 Sunday sales; certain areas..............................................................................................HB 1848 Torts; intoxicated persons; liability for acts.................................................................HB 1495 Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Wine and malt beverages; churches; distance requirements......................................HB 1210
ALCOVY JUDICIAL CIRCUIT; court reporters; compensation..............................SB 652
ALIMONY AND CHILD SUPPORT Action by spouses .............................................................................................................HB 1704 Amend provisions...............................................................................................................HB 702 Dependent child; definition ............................................................................................HB 1174 Garnishment; family support............................................................................................HB 230 House Child Support Study Committee; create ..........................................................HR 1006 Modification; jurisdiction - CA.........................................................................................HR 842 Withholding from wages....................................................................................................HB 860
ALLEN, ANNE-MARIE; commend................................................................................HR 871
ALPHARETTA, CITY OF Corporate limits..................................................................................................................HB 280 Municipal court judge; qualifications ............................................................................HB 1782
ALSTON, TOWN OF; corporate limits .........................................................................HB 1466
ALTMAN, ESTON; commend ..........................................................................................HR 911
AMBERLEY MOTEL; commend ...................................................................................HR 917
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICUS, CITY OF; public school system; merger...............................................HB 1474
AMUSEMENTS Amusement Ride Safety Act; amend liability insurance............................................HB 1364

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2700

INDEX

AMUSEMENTS (Continued) Carnival Ride Safety Act; amend......................................................................................SB 544 Tickets; service charges; change amount ......................................................................HB 1724
ANATOMICAL GIFT ACT; eliminate witness requirement....................................HB 1528
ANDERSON, DR. BENJAMIN S., JR.; commend....................................................HR 804
ANDERSON, MAJOR GENERAL (RET.) THURMAN E.; commend...............HR 788
ANIMALS Alligators; hunting regulations ..........................................................................................SB 594 Animal Protection Act; amend provisions ....................................................................HB 1150 Animal Protection Act; certain shelters; euthanasia...................................................HB 1029 County boards of health; certain activities; regulate by Agriculture Department..................................................................................................SB 290 Crop damage by deer; payment of claims.......................................................................HB 564 Dangerous Dog Control Act; enact ................................................................................HB 1273 Deer; damage to certain property; permit to kill ..........................................................HB 392 Deer farms; requirements ................................................................................................HB 1667 Deer; number killed in a season; Natural Resources make annual report ..............HB 1694 Dogs; death or injury to llamas or alpacas; liability of owner...................................HB 1311 Equines; humane care......................................................................................................HB 1730 Fees for impounding...........................................................................................................HB 826 Fees for impounding, care, and feeding ........................................................................HB 1806 Georgia Veterinary Practice Act; amend ......................................................................HB 1209 Hunting; antlerless or either-sex deer; amend provisions ..........................................HB 1506 Hunting; antlerless or either-sex deer; certain counties .............................................HB 1440 Hunting; bag limit for deer; amend provisions...............................................................SB 551 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Hunting; either-sex or antlerless deer; bag limit .........................................................HB 1008 Hunting; increase bag limit for deer to five...........................................,.....................HB 1441 Hunting; stands by person other than landowner; prohibitions .................................HB 771 Motor vehicles; transportation; requirements ................................................................HB 772 Property Damage by Deer Study Committee; create ...................................................HR 124
ANNEXATION County population ................................................................................................................HB 66 Municipal corporations ......................................................................................................HB 364 Zoning plans; county population ........................................................................................HB 77
ANTLEY, SHULER B.; commend ..................................................................................HR 765
APPALACHIAN JUDICIAL CIRCUIT; add judge ..................................................SB 334
APPEAL AND ERROR Appeal and pretrial review; death penalty; procedures.................................................SB 100 Appellate court; stipulated record .................................................................................HB 1607 Board of Workers' Compensation; certain decisions...................................................HB 1438 Court of Appeals; invite judges to Joint Session to hear Governor's message...........................................................................................HR 544 Court of Appeals; preappeal settlement conference procedure...................................HB 615 Court of Appeals; reports; definitions ...........................................................................HB 1731 New trial; extension of time for filing transcript ........................................................HB 1396 State courts; appeals from magistrate courts ...............................................................HB 1544 State courts; certain decisions ........................................................................................HB 1235 Supersedeas; in cases of contempt...................................................................................HB 817 Trial without jury; consent of both parties .....................................................................SB 492
APPLING COUNTY; board of education; election ....................................................HB 1211

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INDEX

2701

APPROPRIATIONS AND FISCAL AFFAIRS Balanced federal budget; urge amendment to United States Constitution ..............HR 419 Balanced federal budget; urge Constitutional Convention ..........................................HR 169 Budget Act; define appropriation ..................................................................................HB 1001 Community development block grant fund; appropriations......................................HB 1026 Fiscal affairs subcommittee; approval of certain leases..............................................HB 1535 Fiscal notes; explanation of impact of bill; requirement............................................HB 1802 Fulton County; grants for charitable purposes............................................................HB 1679 General appropriations; FY 1988-89..............................................................................HB 1277 Local governments; audit and budget; file reports with Community Affairs.......................................................................................................HB 1420 Local governments; effective date of act increasing expenditure - CA......................HR 748 Relative to certain state property....................................................................................HR 746 Revenue bills; originate in either House of General Assembly - CA ..............................SR 6 Schools; capital outlay needs; population growth..........................................................HB 346 Supplementary appropriations; capital outlay funding; education.............................HB 216 Supplementary appropriations; FY 1986-87...................................................................HB 217 Supplementary appropriations; FY 1987-88.................................................................HB 1183 Supplementary appropriations; FY 1987-88.................................................................HB 1267 Supplementary appropriations; vote required - CA......................................................HR 217
ARASI, TONY; commend ..................................................................................................HR 822
ARBITRATION; amend Code .............................................................................................SB 73
ARCHITECTS, STATE BOARD OF; termination date......................................... HB 1559
ARRESTS Criminal records; purged from original agency ...............................................................SB 373 Family violence; amend provisions..................................................................................HB 871
ARTHUR T. BACON BRIDGE; designate ...................................................................SR 356
ARTS Arts Development Fund; create - CA.................................................................................SR 23 Arts Development Fund; establiah....................................................................................SB 400 Georgia Citizens for the Arts; commend.........................................................................HR 636 Special sales tax; certain cultural, recreational and historic facilities......................................................................................................HB 740
ASH, ROBERT L.; invite to House..................................................................................HR 215
ATHENS, CITY OF; new charter..................................................................................HB 1666
ATHLETIC AGENTS Regulations........................................................................................................................HB 1373 Regulations...........................................................................................................................SB 423
ATKINS, HONORABLE WILLIAM; commend ......................................................HR 1068
ATLANTA, CITY OF Atlanta Market for Georgia Farm Products Authority; create .................................HB 1849 Code of ethics; officers and employees; certain municipalities.................................HB 1172 Georgia-Florida football game; urge change in site.........................................................HR 30 Hartsfield-Atlanta International Airport Noise Committee; recreate..........................HR 29 Hotel-motel tax.................................................................................................................HB 1554 Lease of property................................................................................................................HR 591 Municipal court; change provisions..................................................................................SB 212 Municipal court; jurisdiction...........................................................................................HB 1173 Rhodes Memorial Hall; rental agreement; extend.........................................................HR 876 Traffic court; amend provisions.....................................................................................HB 1333

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2702

INDEX

ATLANTA, CITY OF (Continued) Traffic court; jurisdiction ...................................................................................................SB 542 Transportation Department; urge action regarding barrier on Memorial Drive .......................................................................................................HR 1079 Urban Enterprise Zone Act; provide .............................................................................HB 1634 Urban enterprise zones; amend certain requirements ................................................HB 1787
ATTORNEY GENERAL Accountancy, Board of; administration of laws ...........................................................HB 1352 Remove from membership on certain commissions - CA .............................................SR 247 Remove from membership on certain commissions, committees, and boards...........SB 419 Water Well Standards Advisory Council; legal services .............................................HB 1336
ATTORNEYS Administrator for the county; eligibility .........................................................................HB 584 Civil practice; unaccepted settlement offer; fees......................................,....................HB 693 Courts; continuances; certain registered agents...........................................................HB 1161 General Assembly members; practice of law..................................................................HB 369 Guardianship hearings; compensation; certain attorneys.............................................HB 371 Insurance; payment of claim within certain period ....................................................HB 1439 Legislative Counsel; compilation of General Assembly acts ......................................HB 1223 Marriage and family therapy, law degree; fulfill license requirement .....................HB 1701 Vital records; title searches; cost....................................................................................HB 1224
AUDIO STRESS EXAMINER; regulation...................................................................HB 837
AUDITS AND AUDITORS Auditor and special master; fees assessed as court costs ...........................................HB 1545 Consumers' utility counsel; performance audit; repeal requirement..........................HB 477
AUGUSTA, CITY OF Amend charter...................................................................................................................HB 1048 Augusta-Richmond County; governmental reorganization; referendum ..................HB 1220 City Council; election.........................................................................................................HB 426 Richmond County-Augusta; board of commissioners; designation ...........................HB 1637
AUSTRALIAN FEDERAL PARLIAMENT; invite to House................................HR 553
AUTHORITIES Ad valorem tax; municipal development authorities .....................................................SB 611 Ad valorem tax; property owned by authority; certain exemption.............................HB 648 Agricultural Exposition Authority; membership; Employees' Retirement..................................................................................................HB 305 Agrirama Authority; Employees' Retirement; membership.........................................HB 896 Agrirama Development Authority; members' expenses................................................HB 303 Atlanta Market for Georgia Farm Products Authority; create .................................HB 1849 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 502 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 504 Development Authorities Law; office building owned by charitable corporation ..................................................................................................HB 1303 Downtown development authorities; include certain facilities.....................................SB 577 Downtown development authority; contracts; authorization.....................................HB 1502 Environmental Facilities Authority; Employees' Retirement....................................HB 1046 Hazardous Waste Management Authority; liability.......................................................SB 597 Hospital authorities; definition of project; include insurance of every type..................................................................................................HB 934 Hospital authorities; definition of project; include insurance of every type...................................................................................................SB 342 Housing Authority; subpoena; failure to comply .........................................................HB 1249 Jekyll Island-State Park Authority; add member .........................................................HB 937

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INDEX

2703

AUTHORITIES (Continued) MARTA; use of revenues for construction...................................................................HB 1194 Municipal Gas Authority; retirement and employee benefits ...................................HB 1512 Professional fundraisers; amend regulations ................................................................HB 1324 Public administration; false statements or fraudulent writings; penalty............................................................................................................HB 1252 Public property; General Assembly approval of certain sales...................................HB 1365 Residential and family farm mortgages; amend provisions ..........................................SB 479 Sales tax exemption; public water or sewer systems; certain services .....................HB 1376 State Tollway Authority; relocation assistance and revenue bonds; define .................................................................................................................HB 1769 Stone Mountain Memorial Association; sale of alcoholic beverages.........................HB 1347 Urban residential finance authority for large municipalities; definitions ......................................................................................................................HB 1501 West Georgia Regional Water Authority; create .........................................................HB 1156 World Congress Center employees; deferred compensation plan .............................HB 1586
AVERA, WILBUR;commend...........................................................................................HR 868
AVIATION Airport Authority Study Committee; create ....................................................................HR 20 Airports; counties and municipalities register as operators .........................................HB 942 Counties and municipalities; certain property for airports; leasing .........................HB 1238 Hartsfield-Atlanta International Airport Noise Committee; recreate ..........................HR 29 License plates; special tags; Civil Air Patrol..................................................................HB 919 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Sales tax; exempt certain sales at airports .....................................................................HB 920 Sales tax; exempt certain sales at airports .....................................................................HB 960
AVONDALE ESTATES, CITY OF; corporate limite...............................................HB 1909
AVER, JERRY; commend ................................................................................................HR 882
AYERS, PATTI; commend................................................................................................HR 686
AYERS, RALPH H.; commend ........................................................................................HR 963

B

B. T. PARKS MEMORIAL BRIDGE; designate .......................................................HR 794
BAGGETT, MCMILLAN C.; commend.........................................................................HR 909
BAIL Aggravated child molestation; bail requirement............................................................HB 714 Amend certain provisions..................................................................................................HB 776 Bail jumping offense; redefine ..........................................................................................HB 768 Bonds and recognizances; forfeiture ................................................................................HB 915 Driver's license; deposit in lieu of bail; receipt............................................................HB 1287 Misdemeanor-bail jumping; amend provisions.............................................................HB 1702 Pledge of property; spouse's consent...............................................................................HB 470 Torts; actions against law enforcement officer; bond .....................................................HB 46
BAINBRIDGE HIGH SCHOOL BEARCAT BAND; commend ...........................HR 607
BALDWIN COUNTY Board of commissioners; election........................................................................................SB 74
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2704

INDEX

BALDWIN COUNTY (Continued) Grant easement; overhead transmission tap line ...........................................................SR 278 Grant easement; 115 kV transmission line......................................................................SR 277 State court; judge and solicitor; compensation ...............................................................SB 631
BANKING AND FINANCE Amend Code provisions ...................,.................................................................................HB 233 Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; amend provisions ..........................................................................................HB 124 Bad checks; fee for serving citation...............................................................................HB 1521 Bad checks; form of notice; issuance.............................................................................HB 1392 Bad checks; jurisdiction; magistrate courts.....................................................................SB 195 Bad checks; party initially receiving; prosecution..........................................................SB 556 Boards of directors; meeting schedule...........................................................................HB 1345 Check-cashing establishments; limit percentage fee charge.......................................HB 1897 Controlled substances; deposit seized currency in interest-bearing account.................................................................................................SB 561 Credit cards; finance charge..............................................................................................HB 145 Credit cards; finance charges..........................................................................................HB 1772 Finance Department; notice requirement.......................................................................HB 283 Financial institutions; small minority business development....................................HB 1310 Financial institutions; state and local taxation..............................................................HB 642 Foreclosure; cooperative sales process.............................................................................HB 646 Garnishment; family support............................................................................................HB 230 Higher education; savings fund; provide method ........................................................HB 1541 Industrial loans; license applicant; advertisement.........................................................HB 379 Insurance premium; bad check issuance; null and void ...............................................HB 196 Intangible tax; exempt stock in certain financial institutions...................................HB 1455 Interest and usury; origination fees and discount points; calculation........................HB 128 Interest and usury; rate on certain loans......................................................................HB 1416 Interest on judgments; unsuccessful appeals................................................................HB 1517 Investment advisory business; regulate .........................................................................HB 1566 Investment of state funds in South African institutions..............................................HB 336 Investments; loans guaranteed by United States Student Aid Funds .....................HB 1247 Magistrate courts; unpaid judgments; certain fees......................................................HB 1391 Mortgage brokers; licensing...............................................................................................HB 979 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Residential property; lending requirements; termite inspection...............................HB 1869 Small minority business develop corporations; create ...................................................SB 569 Trust companies; fiduciary funds; awaiting investment or distribution..................HB 1162
BANKRUPTCY; certain property or retirement funds; exemption............................SB 510
BANKS COUNTY; board of commissioners; election; terms....................................HB 1719
BARBERS; teaching requirements..................................................................................HB 1215
BARNESVILLE, CITY OF; council, quorum requirements; mayor, election .......HB 1788
BARROW COUNTY Board of commissioners; composition ...........................................................................HB 1359 Board of education; compensation.................................................................................HB 1186 Homestead exemption; elderly .......................................................................................HB 1654 Winder; annexation of state property .............................................................................HR 621
BARTOW COUNTY Convey property.....................................................,............................................................HR 577 Convey property..................................................................................................................HR 627 Motor vehicles; designated registration.........................................................................HB 1742

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INDEX

2705

BASKIN, JAMES; commend ............................................................................................HR 875
BASSETT, WILLIAM F.; condolences ..........................................................................HR 942
BEAZLEY, LINDA; commend .........................................................................................HR 680
BEER (See Alcoholic Beverages and Alcoholism)
BELL, HONORABLE THOMAS W.; commend.........................................................HR 741
BEN HILL COUNTY; public school system; create...................................................HB 1709
BENJAMIN M. GARFUNKEL BRIDGE; designate................................................HR 800
BENTON, MARY S.; commend .......................................................................................HR 679
BERRIEN COUNTY Chief magistrate; salary ...................................................................................................HB 1832 Homestead exemption; elderly .......................................................................................HB 1695 State court; judge and solicitor; private practice of law; compensation.................................................................................................................HB 1833
BERRY, HONORABLE CHARLES; condolences......................................................HR 936
BERRY, LYNN; commend ................................................................................................HR 735
BIBB COUNTY Board of commissioners; recall procedures; repeal Act creating ...............................HB 1745 Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; amend provisions....................................................................................SB 661 Public works contracts; bid procedure ..........................................................................HB 1567
BILLIARDS Licensing ............................................................................................................................HB 1496 Operation and provisions...................................................................................................HB 464
BLACK, JAMES EDWARD; commend .......................................................................HR 770
BLACK, TONYA; commend .............................................................................................HR 692
BLACKWELL, REED; condolences ................................................................................HR 637
BLAIR, JAMES R.; condolences......................................................................................HR 711
BLANKENSHIP, VERNA MAE TAYLOR; commend..........................................HR 1065
BLASTING False or facsimile bombs; prohibitions............................................................................HB 601 Interstate natural gas pipelines; certain exemptions ....................................................HB 442
BLIND PERSONS Advisory Commission on Programs for the Blind; create.............................................SB 318 Fishing licenses; reciprocity with adjoining states; .....................................................HB 1244 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291 Vending machines; operate in certain areas...................................................................HB 151
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Commend.............................................................................................................................HR 752 Employees' salaries; charity deductions........................................................................HB 1228 Equalization grants; restrictions.....................................................................................HB 1315 Higher education; procedure for savings fund.............................................................HB 1756 Outstanding Scholars on Academic Recognition Day; commend................................HR 709 Seed-Capital Fund; create - CA.......................................................................................HR 552 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee .............................................HR 589

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2706

INDEX

BOATS Environmental Protection; marine toilets; amend provisions......................................HB 308 Highways; length of vehicles transporting boats ...........................................................HB 129 Highways; length of vehicles transporting boats ...........................................................HB 130 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Juvenile proceedings; certain traffic or waterways offense; jurisdiction ........................................................................................................................SB 147 Submerged cultural resources; regulations ......................................................................SB 503
BOILERS Boilers and pressure vessels; design requirements ........................................................HB 348 Storage of propane gas; certain exemption...................................................................HB 1576
BOLDEN, WILLIE; commend .........................................................................................HR 643
BONDS Administrators and executors; amend provisions..........................................................HB 668 Bail bonds; pledge of property; spouse's consent ..........................................................HB 470 Bail jumping offense; redefine..........................................................................................HB 768 Bail or recognizance; amend certain provisions.............................................................HB 776 Cobb County; bond proceeds; requirements ...................................................................SB 537 College savings bond; General Assembly provide - CA................................................HR 697 College Savings Bonds Study Committee; create..........................................................HR 878 Counties and municipalities; legal fees...........................................................................HB 273 Crime Victims Compensation Fund; fees........................................................................HB 861 Criminal Procedure; forfeiture..........................................................................................HB 915 Estates; nonresident executors; requirements ................................................................HB 599 Financial and Investment Commission; capital appreciation bonds; higher education............................................................................................................HB 1613 Guardian and ward; posting bond....................................................................................HB 669 Hospitals; state to make loans - CA................................................................................HR 584 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Motor vehicle registration application; annual performance bonds; requirement....................................................................................................................HB 1382 Private Colleges and Universities Authority; proceeds of bonds; student loans....................................................................................................................SB 371 Revenue bonds; "undertaking"; amend definition ........................................................HB 936 State Tollway Authority; relocation assistance and revenue bonds; define .................................................................................................................HB 1769 Torts; actions against law enforcement officer ................................................................HB 46
BOUNDARIES Mapping Advisory Board; create.......................................................................................SB 437 Processioning of boundaries; procedures ...........................................................................SB 51
BOURNE, DR. HENRY CLARK, JR. Commend.............................................................................................................................HR 611 Invite to House ...................................................................................................................HR 623
BOXING State Professional Sports Commission; create...................................................................HB 9 State Professional Sports Commission; create...............................................................HB 270
BRAMLETT, KIM; commend .........................................................................................HR 555
BRANTLEY COUNTY; development authority; membership; qualifications and appointment......................................................................................HB 1914
BRIDGES (See Highways, Bridges and Ferries)
BROOKS, GLENDA NIX; commend ............................................................................HR 941

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INDEX

2707

BROOKS, GREGORY STEVEN; invite to House......................................................HR 625
BROOKS, MOSE, JR.; condolences ................................................................................HR 883
BROOME, HUGH D.; commend ......................................................................................HR 847
BROWN, HARVEY R.; commend ...................................................................................HR 874
BRUMBY, JEAN; commend upon retirement...............................................................HR 609
BRUNSWICK, CITY OF Birthplace of Brunswick stew; recognize ........................................................................HR 906 Brunswick and Glynn County; municipal port and terminal facilities; extend - CA ....................................................................................................HB 511 Brunswick and Glynn County; sewage system; extend - CA.......................................HB 510 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 502 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 504
BRUNSWICK JUDICIAL CIRCUIT; abolish; Altamaha and Coastal Judicial Circuits; create...................................................................................................HB 1486
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; corporate limits...........................................................................HB 1525
BUILDINGS AND HOUSING Abandoned landfills; prohibit construction ....................................................................HB 435 Ad valorem tax; mobile homes; definition......................................................................HB 700 Asbestos; removing or cleaning; certain immunity........................................................HB 341 Boilers and pressure vessels; design requirements ........................................................HB 348 Fire extinguishers and systems; regulation...................................................................HB 1368 Fire sprinklers; certain senior citizens' residences......................................................HB 1582 Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Highways; transporting portable buildings; permits ...................................................HB 1548 Homeless Children and Street Prostitution Study Committee...................................HR 572 Homelessness in Georgia Study Committee; create......................................................HR 214 Housing Activities Study Committee; create .................................................................HR 369 Housing authorities; joint cooperation; urban residential finance authority...........................................................................................................HB 1499 Housing authorities; subpoena; failure to comply .......................................................HB 1249 Housing; accessible to disabled or elderly person; urge construction ........................HR 721 Housing; revise discrimination provisions.......................................................................HB 430 Joint Services for Aged Study Committee; create.........................................................HR 586 Motor vehicle certificate of title; mobile homes; requirements.................................HB 1114 Nonsewered toilet systems; regulate..............................................................................HB 1620 Public buildings; renaming; certain prohibitions - CA.................................................HR 776 Public housing; false statements; penalty.....................................................................HB 1253 Real estate transfer tax; housing surcharge..................................................................HB 1338 Residential and family farm mortgages; amend provisions ..........................................SB 479 Residential property; lending requirements; termite inspection ...............................HB 1869 Residential property; lending requirements; survey....................................................HB 1868 Smoke detector requirement.............................................................................................HB 311 Special Study Committee on Problems of Homeless; create.......................................HR 350 State construction codes; establish ................................................................................HB 1360 State Housing Trust Fund; provide - CA.......................................................................HR 587 State Housing Trust Fund; create .................................................................................HB 1339 Unfit for human habitation; jurisdiction ......................................................................HB 1650 Urban residential finance authority for large municipalities; definitions ......................................................................................................................HB 1501
BULLINGTON, R. M. (BOB); commend......................................................................HR 677

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2708

INDEX

BULLOCH COUNTY Board of commissioners; compensation.........................................................................HB 1796 Coroner's salary.................................................................................................................HB 1855 Probate court; judge and solicitor; compensation .......................................................HB 1758 Sheriff, deputies, and clerk; compensation...................................................................HB 1760 State court; judge and solicitor; salary..........................................................................HB 1856 Superior court; clerk and employees; compensation ...................................................HB 1759 Tax commissioner; compensation...................................................................................HB 1761
BURKE COUNTY; judge and solicitor; compensation...............................................HB 1757
BUSINESS AND OCCUPATION TAX Business license; levy by county; criteria for assessment...........................................HB 1657 Financial institutions .........................................................................................................HB 642
BUTLER, CITY OF; new charter ..................................................................................HB 1810
BUTTS COUNTY; board of commissioners, powers and duties; county manager, create office .........................................................................................HB 1837
BYRD, HONORABLE ROGER; commend .................................................................HR 920
BYRD, PEGGY T.; commend .........................................................................................HR 1035
BYRON, CITY OF; Redevelopment Powers Law; authorize .....................................HB 1569

CALLAWAY, ANGIE; compensate ................................................................................HR 588
CANDIDATES Campaign contributions; transfer to other candidates; amend provisions ................HB 650 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Elections; political parties; distribution of qualifying fees.........................................HB 1326 Elections; unopposed candidates......................................................................................HB 626 Ethics in Government Act; enact......................................................................................SB 564 Municipal elections; primaries; agent qualify on behalf of candidate ........................SB 615 Plurality of votes ..................................................................................................................HB 85 Public officials and candidates; financial disclosure; reporting date........................HB 1804 Zoning; certain campaign contributions; disclosure ......................................................HB 113
CANDLER AREA BUSINESS ASSOCIATION; commend ................................HR 1050
CANDLER COUNTY; state court; solicitor's secretary; compensation ..................HB 1805
CANTON LODGE NO. 2129 OF THE LOYAL ORDER OF MOOSE Commend............................................................................................................................. HR 763
CAPITAL PUNISHMENT (See Death Penalty or Courts)
CARPENTER, CRIS; commend.......................................................................................HR 670
CARROLL COUNTY Chief magistrate shall be an attorney ...........................................................................HB 1881 Coweta Judicial Circuit; terms for Carroll County .....................................................HB 1427
CARROLLTON HIGH SCHOOL DEBATE TEAM; commend ............................HR 946
CARTER, MR. AND MRS. LOUIS EVERETT, JR.; congratulate.......................HR 981
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INDEX

2709

CASTLEBERRY'S FOOD; commend ...........................................................................HR 921
CATOOSA COUNTY Board of commissioners; provide ...................................................................................HB 1775 Board of utilities commissioners; selection...................................................................HB 1836 Development Authority; create; extend - CA...............................................................HB 1073 Probate court judge; increase clerical help allowance.................................................HB 1789 Sewage districts; extend - CA.........................................................................................HB 1072
CATOOSA COUNTY AREA CHAMBER OF COMMERCE; commend ............HR 675
CEMETERIES Abandoned; county maintenance ...................................................................................HB 1594 Georgia War Veterans Cemetery; establish ....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Local governments; interment of deceased indigents; payment................................HB 1732 Markers and monuments; requirements.........................................................................HB 950
CENTERVILLE, CITY OF; corporate limits..............................................................HB 1838
CHAMBLESS, MR. AND MRS. SIDNEY; commend on 50th wedding anniversary.........................................................................................................................HR 1052
CHAPLAINS, HOUSE OF REPRESENTATIVES Adams, Reverend Bill ......................................................................................................Page 561 Aultman, Dr. Larry........................................................................................................Page 1380 Barden, Dr. Lamar...........................................................................................................Page 293 Barnard, Reverend Thomas..........................................................................................Page 2075 Berkeley, Reverend S. Carter .......................................................................................Page 1605 Bowman, Reverend Craig W.........................................................................................Page 1953 Boyd, Reverend Dewey E................................................................................................Page 904 Chambless, Reverend York.............................................................................................Page 432 Davis, Dr. Hugh L..........................................................................................................Page 2387 Farr, Reverend Charles A...............................................................................................Page 550 Foster, Reverend Mabel S.............................................................................................Page 2217 Gilstrap, Reverend L. G................................................................................................Page 1498 Griner, Reverend Julian ....................................................................................................Page 79 Harp, Reverend Don ......................................................................................................Page 1711 Harrison, Reverend Susan ..............................................................................................Page 189 Herring, Reverend James..................................................................................................Page 45 Holladay, Reverend Marvin............................................................................................Page 945 Hope, Dr. Winfred M....................................................................................................Page 1119 Jackson, Reverend Ronald..................................................................................................Page 1 Jeffords, Reverend Leon M............................................................................................Page 666 King, Dr. Barbara.............................................................................................................Page 617 Kitchen, Reverend William, III......................................................................................Page 152 Leuthold, Dr. Mark A......................................................................................................Page 703 Lewis, Reverend William R., Jr.....................................................................................Page 247 Manning, Dr. C. Don .....................................................................................................Page 1304 McMillan, Reverend Judy...............................................................................................Page 978 Ricketson, Reverend Rusty .............................................................................................Page 740 Rikard, Reverend D. Craig............................................................................................Page 1743 Ross, Reverend W. Herman, Sr..................................................................................Page 1240 Shepherd, Reverend Hubert F.......................................................................................Page 849 Spivey, Reverend Leroy.................................................................................................Page 1025 Swett, Reverend Lee..........................................................................................................Page 99 Tucker, Reverend Julian L...............................................................................................Page 55 Turner, Reverend Len B...............................................................................................Page 1170 Vaughn, Reverend Bert...................................................................................................Page 482 Wright, Dr. G. Al, Jr......................................................................................................Page 1826

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2710

INDEX

CHARITIES Counties; appropriation for charitable contributions; repeal certain Section...................................................................................................HB 1777 Counties; appropriation for charitable contributions; repeal population classification ..................................................................................HB 1776 Day-care centers; licensure; certain exemption..............................................................HB 608 Development Authorities Law; office building owned by charitable corporation ..................................................................................................HB 1303 Fulton County; grants for charitable purposes ............................................................HB 1679 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Professional fundraisers; amend regulations................................................................HB 1324 Torts; certain immunity.....................................................................................................HB 339 Torts; certain liability ........................................................................................................HB 340 Torts; certain sponsors; safety and sports program ....................................................HB 1335 University System; employees' salaries; deductions....................................................HB 1228
CHARLTON COUNTY; board of education; election ...............................................HB 1157
CHATHAM COUNTY Ad valorem tax; millage rates .........................................................................................HB 1533 Board of commissioners; meetings.................................................................................HB 1075 Board of commissioners; urge tax relief to elderly........................................................HR 801 Certain officials; compensation.......................................................................................HB 1481 Chatham Area Transit Authority; transit services; special districts ........................HB 1901 Chatham County Homestead Exemption Study Commission; create........................HR 652 Chatham County Homestead Exemption Study Committee; create ..........................HR 554 Chatham County; board of commissioners; relative to agenda .................................HB 1532 Chatham-Savannah Youth Futures Authority; create................................................HB 1323 Convey property..................................................................................................................HR 756 Property Assessment in Chatham County; create committee .....................................HR 628 Savannah and Chatham County; investigate local government reorganization............................................................................................HR 773 Tax commissioner; costs of operation..........................................................,.................HB 1070
CHATTOOGA COUNTY Forest Hays, Jr., Correctional Institution; designate ....................................................HR 620 150th anniversary; commend ........................,..................,..............................................HR 1016 State court; judge and solicitor; compensation............................................................HB 1884
CHATTOOGA COUNTY HIGH SCHOOL GIRLS BASKETBALL TEAM; commend ............................................................................HR 1067
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Cherokee Judicial Circuit; assistant district attorney; employment............................SB 686 Cherokee Judicial Circuit; district attorney; supplement .............................................SB 685 Homestead exemption; elderly .......................................................................................HB 1383 Homestead exemption; elderly .......................................................................................HB 1659 School system; commend...................................................................................................HR 807 State court; jurisdiction; qualifications of judge and solicitor...................................HB 1801 Water and Sewerage Authority; membership; compensation ....................................HB 1826
CHEROKEE JUDICIAL CIRCUIT Assistant district attorney; employment..........................................................................SB 686 District attorney; supplement............................................................................................SB 685
CHEROKEES OF GEORGIA INTERTRIBAL COUNCIL, INC.; commend...HR 964
CHERRY BLOSSOM FESTIVAL IN MACON; commend certain persons ........HR 719

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INDEX

2711

CHIEFTAINS TRAIL; designation................................................................................JW 708
CHILD ABUSE Aggravated child molestation; bail requirement............................................................HB 714 Aggravated child molestation; definition of offense....................................................HB 1354 Child Abuse Protocol Committee; composition ..............................................................SB 640 Child abuse; reporting; amend provisions.......................................................................HB 415 Cruelty to children; certain pregnant females .............................................................HB 1380 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Protection for employees reporting ..................................................................................SB 665 Sexual exploitation of children; penalties.....................................................................HB 1226 Sexual exploitation of children; penalties.....................................................................HB 1356
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age to select parent.............................................................................................................SB 612 Grandparents; visitation rights.......................................................................................HB 1434 Grandparents; visitation rights..........................................................................................SB 549 Kidnapping; interference with custody .........................................................................HB 1384 Proceedings; define...........................................................................................................HB 1509 Removal of child from state; requirements ..................................................................HB 1177 Visitation rights; address requirement..........................................................................HB 1294 Visitation rights; residency requirements .......................................................................HB 964
CHILDBRS, HONORABLE E. M. "BUDDY"; commend .......................................HR 927
CHILDS, HONORABLE PEGGY M. Condolences.........................................................................................................................HR 965 Place portrait in Legislative Office Building .................................................................HR 699
CHIROPRACTORS State Examining Board; termination date....................................................................HB 1349 Utilization of nutrition.....................................................................................................HB 1243
CIGARS AND CIGARETTES Georgia tobacco; urging Japan Tobacco, Inc., to purchase..........................................HR 979 Prohibit sales to minora.....................................................................................................HB 139 Tobacco export to South Korea; relative to....................................................................SR 423 Tobacco; pesticide residues; detention or condemnation ...........................................HB 1266 Tobacco products; regulate sales......................................................................................HB 695 United States Interagency Committee; urge action on Georgia tobacco ...................HR 761 Warehousemen; weighing and handling leaf tobacco; charges...................................HB 1537
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Arbitration; general provisions ............................................................................................SB 73 Asbestos; removal from certain buildings; actions .........................................................SB 649 Auditor and special master; fees assessed as court costs...........................................HB 1545 Bad checks; party initially receiving; prosecution..........................................................SB 556 Continuances; certain registered agents........................................................................HB 1161 Courts decline jurisdiction; certain actions ..................................................................HB 1231 Depositions; record at own expense....................................................................................SB 46 Executions; designation of property ..............................................................................HB 1426 Executions; publish time of sale.....................................................................................HB 1232 Foreign judgments; enforcement ......................................................................................HB 301 Garnishment; judgments; repeal certain requirements...............................................HB 1642 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Inspection of documents; exemption .............................................................................HB 1301 Interest on judgments; unsuccessful appeals................................................................HB 1517 Judicial circuits; habeas corpus clerks; requirements ....................................................SB 388

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2712

INDEX

CIVIL PRACTICE (Continued) Judicial officers; unlawful to interfere with official duties........................................HB 1479 Legal advertisements; printed in certain type.............................................................HB 1329 Limitation on actions; time provisions..........................................,...............................HB 1245 Medical malpractice; notice of investigation ................................................................HB 1367 Nonresidents; certain jurisdiction .....................................................................................SB 396 Professional malpractice; required affidavits ...............................................................HB 1621 Property; construction; limitation period .......................................................................HB 715 Public sales; time for holding............................................................................................SB 158 Sheriffs' Retirement; increase certain fees.....................................................................HB 717 Sheriffs; service fees.........................................................................................................HB 1530 Superior court clerks; fees; certain reference...............................................................HB 1635 Tax sales; redemption period; certain date..................................................................HB 1674 Torts; malicious abuse .......................................................................................................HB 745 Unaccepted settlement offer; attorney's fees.................................................................HB 693
CLAIMS ADVISORY BOARD; crop damage by deer; payment of claims ............HB 564
CLARKE COUNTY Airport Authority; create....................................................................................................SB 245 Classic Center Authority; create.....................................................................................HB 1609
CLAXTON HIGH SCHOOL BASKETBALL TEAM; commend........................HR 1070
CLAYTON, CITY OF; elections; date..............................................................................SB 623
CLAYTON COUNTY Board of commissioners; compensation.........................................................................HB 1888 Board of education; membership; selection..................................................................HB 1887 Community improvement districts ................................................................................HB 1121 Coroner's compensation...................................................................................................HB 1858 Homestead exemptions; elderly or disabled .................................................................HB 1410 Motor vehicle registration ...............................................................................................HB 1409 Probate court judge; compensation................................................................................HB 1860 School superintendent; appointment.............................................................................HB 1861 Sheriff and superior court clerk; compensation...........................................................HB 1859 State court; add judge..........................................................................................,...........HB 1900 State court; deputy clerk, judge, and solicitor; compensation...................................HB 1864 Tax commissioner; deputy; compensation ....................................................................HB 1863
CLAYTON JUDICIAL CIRCUIT; court reporters; compensation .......................HB 1862
CLERKS, SUPERIOR COURT Corporations; filing fee; information network ..............................................................HB 1444 Pees; certain reference .....................................................................................................HB 1635 Minimum salary ..................................................................................................................HB 547 Office hours; certain counties .........................................................................................HB 1298 Real estate transfer tax; proceeds....................................................................................HB 469 Retirement benefits; clerks and spouses ..............................................................................SB 7 Salary; cost-of-living adjustments..................................................................................HB 1331 Salary; cost-of-living adjustments .....................................................................................SB 463
CLINCH COUNTY; magistrate court; library fees .......................................................HB 144
CLINCH COUNTY HIGH SCHOOL Pantherettes basketball team; commend ........................................................................HR 935 Panthers baseball team; commend ..................................................................................HR 938 Panthers basketball team; commend...............................................................................HR 937
CLINICAL LABORATORIES Consent for surgical or medical treatment; disclosure..................................,...............HB 107 Fulton County; board of health; benefits ........................................................................SB 532

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INDEX

2713

COBB BEAUTIFUL ROADWAYS AND COBB CLEAN COMMISSION; commend.......................................................................................... HR 1001
COBB COUNTY Board of commissioners; contributions; prohibitions..................................................HB 1924 Board of education; districts.............................................................................................HB 175 Bond proceeds; requirements.............................................................................................SB 537 Civil service system; classified and unclassified service .............................................HB 1705 Civil service system; establish.........................................................................................HB 1687 Cobb County Commission on Children and Youth; create..........................................HR 663 Cobb County-Marietta Water Authority; create .........................................................HB 1616 Commission on Children and Youth; create.................................................................HB 1625 Community Improvement Districts; definition...............................................................SB 645 Homestead exemption; disabled.....................................................................................HB 1894 Homestead exemption; disabled.....................................................................................HB 1895 House Study Committee; create.....................................................................................HR 1023 Joint Cobb County Study Committee; create.................................................................SR 415 Juvenile court judge; compensation...............................................................................HB 1886 Magistrate court; qualifications.........................................................................................SB 684 Motor vehicles; designated registration periods...........................................................HB 1912 Probate court; judge and clerk; compensation................................................................SB 671 State court; clerk and chief deputy clerk; compensation ...........................................HB 1874 State court; costs ..............................................................................................................HB 1841 State court; judges; compensation..................................................................................HB 1885 State court; judges of second division; compensation....................................................SB 680 State court; solicitor; compensation...............................................................................HB 1771 Superior court clerk and deputy clerk; compensation...................................................SB 657 Tax commissioner and chief clerk; compensation .......................................................HB 1891 Tax commissioner; executive secretary .........................................................................HB 1706
COBB JUDICIAL CIRCUIT Judges' supplement .............................................................................................................SB 616 Number of investigators and assistant district attorneys ..........................................HB 1633
COBB, WILLIE B., JR.; compensate ..............................................................................HR 706
COCKFIELD, CHRIS VIRGINIA; commend .............................................................HR 908
CODE OF GEORGIA Corrections and revisions ................................................................................................HB 1229 Probate courts; provide copies...........................................................................................SB 412 References to illegitimate or bastard; amend...............................................................HB 1612
COFFEE COUNTY; board of commissioners; health insurance benefits ..................HB 808
COLLEGES Armstrong State College; special license plates ...........................................................HB 1462 Atlanta University; special license plates .....................................................................HB 1480 Campus policemen; certification and training costs; requirement..............................HB 329 Clark College; special license plates...............................................................................HB 1332 College savings bonds; General Assembly provide - CA ..............................................HR 697 College Savings Bonds Study Committee; create ..........................................................HR 878 Colleges outside of state; special license plates ...........................................................HB 1262 College Tuition Prepayment Plan Study Committee; create ......................................HR 178 Columbus College; special license plates.......................................................................HB 1624 Equalization grants; restrictions.....................................................................................HB 1315 Financial and Investment Commission; capital appreciation bonds; higher education............................................................................................................HB 1613 Georgia College; special license plates..............................................................................SB 505 Georgia Education Trust; create ......................................................................................HB 315

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2714

INDEX

COLLEGES (Continued) Georgia State University Library; depository for certain records ...............................SR 301 Georgia Tech; urge expansion of student parking.......................................................HR 1039 Hazing; prohibit................................................................................................................HB 1662 Higher education; procedure for savings fund.............................................................HB 1756 LaGrange College; special tags ..........................................................................................SB 554 Macon Junior College; special license plates; change name.......................................HB 1516 North Georgia College; military scholarships; selection ...............................................HB 401 Oglethorpe University; special license plates ...............................................................HB 1219 Paine College; Special license plates .............................................................................HB 1079 Private Colleges and Universities Authority; proceeds of bonds; student loans ....................................................................................................................SB 371 Public school employees health insurance; coverage for certain retired persons.........................,........................................................................................SB 316 Savannah State College; special license plates ...............................................................SB 344 Savings fund; provide method........................................................................................HB 1541 State patrol; provide escort for athletic events ..............................................................SB 417 Teachers Retirement; service in certain private colleges; credit .................................HB 706 Tuition equalization grants; full-time student................................................................SB 424 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.............................................HR 589
COLLINS, DR. WILLIAM ERLE; commend..............................................................HR 767
COLUMBIA COUNTY Board of commissioners; salary ......................................................................................HB 1791 Homestead exemption; elderly .......................................................................................HB 1792 Tax commissioner; compensation...................................................................................HB 1793
COLUMBUS, CITY OF; board of tax assessors; amend charter .............................HB 1421
COMER, CITY OF; officials; election and terms.........................................................HB 1800
COMMERCE AND TRADE Automatic telephone numbers; per-cal) charge; restrictions......................................HB 1497 Commodity contracts; regulation ...................................................................................HB 1366 Consumers' utility counsel; operating costs; fees...........................................................HB 478 Consumers' utility counsel; performance audit; repeal requirement..........................HB 477 Credit repair services; regulation ...................................................................................HB 1233 Crimes; conversion of certain leased property; penalty limits...................................HB 1561 Deceptive practice; false reasons for seminar or meeting ...............................................SB 52 Distress merchandise sales, fire sales, and going out of business sales; regulation.............................................................................................HB 1875 Fair Business Practices; actions by administrator ......................................................HB 1405 Fair Business Practices; mortgage debt assistance; prohibitions.................................SB 648 Fair Business Practices; telephone solicitation; requirements......................................SB 575 George L. Smith II Georgia World Congress Center Authority; trade show facilities......................................................................................................HB 1035 Georgia Consumer Cooperative Act; enact .....................................................................HB 412 Investment advisory business; regulate.........................................................................HB 1566 Motor fuel; retail sales; sign requirement.......................................................................HB 438 Motor vehicle franchise practices; definitions..............................................................HB 1921 Motor Vehicle Sales Finance; sublease prohibitions...................................................HB 1449 Optometrists; trade names in conjunction with practice; authorization....................HB 816 Promotional contests; deceptive practices....................................................................HB 1370 Promotional giveaways or contests; amend provisions ..................................................SB 529 Retail Installment and Home Solicitation Sales; revolving accounts.........................HB 146 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131 Sales tax certificate; businesses; seller acting unlawfully ...........................................HB 1041

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INDEX

2715

COMMERCE AND TRADE (Continued) Selling and trade practices; sale of business opportunities........................................HB 1565 Service marks; counties and municipalities; registration ..............................................SB 558 South Africa; urge Congress to impose economic sanctions ......................................HR 1040 Tickets; service charges; change amount......................................................................HB 1724 Tobacco export to South Korea; relative to....................................................................SR 423 Tobacco products; regulate sales......................................................................................HB 695 Trade practices; laundries; itemized list......................................................................MB 1176 Warehouse receipts; computer signatures; authorization..............................................SB 571 Warehouses; licensing.........................................................................................................SB 441 Warehouses; weighing and handling leaf tobacco; charges........................................HB 1537 Warranties; new motor vehicles........................................................................................HB 631 Wholesaler; equipment sales to certain air conditioning contractor; prohibitions....................................................................................................................HB 1320 World Congress Center employees; deferred compensation plan.............................HB 1586 World Congress Center; stadium; financing .................................................................HB 1691
COMMERCIAL CODE; disposition of collateral after default.................................HB 1643
COMMISSIONS Advisory Commission on Programs for the Blind; create .............................................SB 318 Advisory Commission on Programs for the Hearing Impaired; create .......................SB 593 Area planning and development commissions; review of certain developments......................................................................................................HB 281 Attorney General; remove from certain membership ....................................................SB 419 Attorney General; remove from membership - CA........................................................SR 247 Children's Services Commission; create ..........................................................................HB 192 Commission of Children and Youth; create .................................................................HB 1371 Commission of Inquiry; create..........................................................................................HB 519 Commission on Criminal Sanctions and Correctional Facilities; create .....................SR 300 DeKalb County Homestead Exemptions Study Commission; create.........................HR 928 Governor's Growth Strategies Commission; recognize impact of veterans................HR 790 Herman Eugene Talmadge Monument Commission; create........................................HR 372 Joint Study Committee on Area Planning and Development Commissions; create ........................................................................................................SR 264 North Fulton County Incorporation Study Commission; create...................................HR 83 Soil and Water Conservation Commission; name change ..........................................HB 1402 State Commission on Compensation; salary.................................................................HB 1414 State Constitution; create commission to correct and revise ........................................HR 16 State Housing Trust Fund; create .................................................................................HB 1339 State Professional Sports Commission; create ...................................................................HB 9 State Professional Sports Commission; create...............................................................HB 270 State Properties Commission; certain exemptions......................................................HB 1395 State Racing Commission; create; regulate pari-mutuel racetracks .............................HB 60
COMMITTEES Administrative Expenses of Education Study Committee; create..............................HR 370 Airport Authority Study Committee; create ....................................................................HR 20 Attorney General; remove from certain membership ....................................................SB 419 Big Haynes and Alcovy Watershed Protection Study Committee; create.................HR 619 Child Abuse Protocol Committee; composition ..............................................................SB 640 Child Pornography Study Committee; create................................................................HR 127 Children and Youth Study Committee; create................................................................HR 19 College Savings Bonds Study Committee; create..........................................................HR 878 College Tuition Prepayment Plan Study Committee; create ......................................HR 178 County Consolidation Study Committee; create ...........................................................HR 225 General Assembly committees; subpoena witnesses........................................................HB 40 Hartsfield-Atlanta International Airport Noise Committee; recreate..........................HR 29

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2716

INDEX

COMMITTEES (Continued) Homeless Children and Street Prostitution Study Committee; create......................HR 572 Homelessness in Georgia Study Committee; create ......................................................HR 214 House After School Care Program Study Committee; create .......................................HR 14 House Agricultural Assistance Study Committee; create..................................,..........HR 815 House Alternative Revenue Sources Study Committee; create...................................HR 757 House Artificial Reef Study Committee; create ............................................................HR 410
House Chattahoochee Valley Indian Heritage Study Committee; create ..................HR 823 House Child Support Study Committee; create ..........................................................HR 1006
House Children's Mental Illness Study Committee; create .........................................HR 342 House Cobb County Study Committee; create............................................................HR 1023
House Foreign Language Study Committee; create......................................................HR 418 House J. Strom Thurmond Lake Study Committee; create ........................................HR 903 House Nursing Home Industry Study Committee; create ...........................................HR 840
House Nursing Home Industry Study Committee; create ...........................................HR 185
House Nursing Home Regulatory Coordination Study Committee; create...............HR 187 House Pari-mutuel and Lottery Wagering Study Committee; create........................HR 973
House School System Size Study Committee; create ...................................................HR 829 House State Parks Study Committee; create.................................................................HR 970
House Teenage Pregnancy Study Committee; create.....................................................HR 15 House Vehicle Weight Study Committee; create ..........................................................HR 812
House Workers' Compensation Self-Insurers Solvency Study Committee; create ...............................................................................................HR 368
Housing Activities Study Committee; create.................................................................HR 369 Joint Agrirama Study Committee; create .......................................................................HR 891 Joint Cobb County Study Committee; create.................................................................SR 415
Joint Committee to Study the Proposed Exchange of Property from Skidaway Island State Park to Union Camp Corporation; create..........................HR 730
Joint Government Competition with Private Enterprise Committee; create ..............SR 79 Joint Governmental Organization Study Committee; create.......................................HR 879
Joint Medicaid Study Committee; create .......................................................................HR 785 Joint Prefiling of Legislation Study Committee; create.................................................HR 95
Joint Public Safety Study Committee on Communications; create ............................SR 417 Joint Services for Aged Study Committee; create.........................................................HR 586
Joint Study Committee on Aging; create...........................................................,.............SR 360
Joint Study Committee on Area Planning and Development Commissions; create................................................................................SR 264
Joint Study Committee on Handling and Disposal of Solid Waste; recreate................................................................................................................HR 787
Lead Poisoning Prevention Study Committee; create....................................................HR 21
Need for Family Life Instruction in Public Schools Study Committee ....................HR 367 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291
Paraprofessional Teacher Assistants and Education Secretaries Study Committee; create...............................................................................................HR 780
Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee................................................................HR 580
Property Assessment in Chatham County; create committee .....................................HR 628
Property Damage by Deer Study Committee; create ...................................................HR 124 Radon Gas Study Committee; create ..............................................................................HR 548
Rural Economic Development Study Committee; create.............................................HR 329 Solid Waste-Energy Study Committee; create...............................................................HR 955
Special Study Committee on Problems of Homeless; create.......................................HR 350 State Offices and Facilities Study Committee; create..................................................HR 731
State Operated Workers' Compensation Insurance Funds; create Study Committee............................................................................................................HR 574
University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create ................................HR 589
Women and Poverty Study Committee; create .............................................................HR 126

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INDEX

2717

COMMITTEES, STANDING Assignments......................................................Pages 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 154
COMMODITIES; agricultural commodities; out-of-state products ..........................HB 1265
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Executive Counsel to Governor..........................................................................Pages 1, 2, 1709 Governor ..............................................................................Pages 2, 4, 5, 8, 10, 13, 16, 18, 1709 Legislative Counsel.................................................................................................Pages 123, 125 Lieutenant Governor........................................................................................................Page 124 Representative Bob Lane ......................................................................................Pages 124, 125 Representative Henry Bostick..............................................................................Pages 126, 127 Representative Ralph J. Balkcom........................................................................Pages 126, 127 Representatives Phil Foster and Jim Griffin.............................................................Page 1801 Secretary of State ............................................Pages 6, 7, 8, 9, 11, 12, 14, 15, 17, 18, 19, 127, 152, 184, 477, 696, 976, 1285 Senator Tom Coleman...........................................................................................Pages 124, 125 Speaker of House ................................................................Pages 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 122, 124, 126, 154
COMMUNITY AFFAIRS Child abuse; reporting by certain persons ....................................................................HB 1355 Community Affairs, Department of; amend provisions.................................................SB 475 Community development block grant fund; appropriations......................................HB 1026 Community education and development grants; provide program...........................HB 1488 Grants to counties and municipalities...........................................................................HB 1036 Local governments; audit and budget; file reports with Community Affairs.......................................................................................................HB 1420 Mapping Advisory Board; create.......................................................................................SB 437 Rural Development; create office in Department of Community Affairs................HB 1260
COMPENSATION RESOLUTIONS Callaway, Angie...................................................................................................................HR 588 Cobb, WillieB., Jr..............................................................................................................HR 706 England, Charles W...........................................................................................................HR 795 Fine, S. Mark........................................................................................................................HR 28 Gay, Ms. Queen Ester........................................................................................................HR 658 Gibson, Donnie H...............................................................................................................HR 290 Ham, Kenneth W...............................................................................................................HR 268 Harden, Greg.......................................................................................................................HR 573 Hart, Calvin.....................................................................................................................,...HR 654 King, Beth Kathleen..........................................................................................................HR 267 Miller, Rebecca Jane ..........................................................................................................HR 705 Moseley, J. Brown ..............................................................................................................HR 108 Nelson, Eulee C..................................................................................................................HR 266 Prince, Jack, Delta Y Corporation...................................................................................HR 749 Rogers, Curtis......................................................................................................................HR 777 Rutter, Richard on behalf of Valerie A. Rutter.............................................................HR 269 Saponari, Mary E...............................................................................................................HR 655 Simmons, Joe D..................................................................................................................HR 660 Strickland, Lorraine...........................................................................................................HR 793 Tanner, L...............................................................................................................................HR 41 Underwood, Roger L..........................................................................................................HR 547 Wilkerson, Vicky Kay........................................................................................................HR 657
CONDOMINIUMS Georgia Condominium Act; amend................................................................................HB 1606

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2718

INDEX

CONDOMINIUMS (Continued) Housing; accessible to disabled or elderly person; urge construction ........................HR 721 Landlord and tenant; cable television service; prohibitions...........................................SB 16 Time-share estates; tax status ..........................................................................................HB 200
CONNELL, WESSIE G.; commend ...............................................................................HR 890
CONSERVATION AND NATURAL RESOURCES Abandoned landfills; prohibit construction....................................................................HB 435 Asbestos; removing or cleaning; certain immunity........................................................HB 341 Biomass; sales tax exemption...........................................................................................HB 575 Burning of woods, lands, marshes; permit........................................................................HB 34 Coastal marshlands; certain acts on private property; exclusions..............................HB 268 Conservation districts; commend supervisors................................................................HR 641 Conservation districts; commend supervisors ................................................................HR 650 Counties and municipalities; solid waste collection; regulation...................................SB 531 Damage by deer to certain property; permit to kill......................................................HB 392 Deer; number killed in a season; Natural Resources make annual report ..............HB 1694 Degradable containers; fast food sales ..........................................................................HB 1699 Environmental Facilities Authority; minority business participation......................HB 1309 Environmental Facilities Authority; Employees' Retirement....................................HB 1046 Environmental Protection; marine toilets; amend provisions......................................HB 308 Fish; creel limits; repeal certain provision....................................................................HB 1460 Foresters, State Board of Registration; appointment....................................................SB 550 Game and Fish Code; amend provisions.............................................................................HB 7 George T. Bagby State Park; naming..............................................................................HR 696 Georgia Radon Safety Act; enact ...................................................................................HB 1750 Groundwaters; permits for farm use................................................................................HB 137 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Hazardous Waste Management Authority; liability.......................................................SB 597 Hazardous waste; Board of Natural Resources; powers .............................................HB 1563 House Artificial Reef Study Committee; create ............................................................HR 410 House State Parks Study Committee; create.................................................................HR 970 Hunting and fishing licenses; nonresidents; elderly....................................................HB 1597 Hunting and fishing; urge multipurpose license............................................................HR 820 Hunting licenses; waterfowl; reciprocity with South Carolina ....................................HR 742 J. Strom Thurmond Lake; water conservation purposes; urge designation by Congress .......................................................................................HR 904 Jekyll Island-State Park Authority; add member.........................................................HB 937 Joint Committee to Study the Proposed Exchange of Property from Skidaway Island State Park to Union Camp Corporation; create..........................HR 730 Joint Study Committee on Handling and Disposal of Solid Waste; recreate .........................i...........................................................................HR 787 Low-Level Radioactive Waste Management Compact; withdrawal.............................SB 518 Margaret Mitchell home; preservation of apartment building...........,.........................SR 296 Mountain Protection Act; enact........................................................................................SB 393 National Register of Historic Places; transfer of property; taxation - CA....................................................................................................................SR 265 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149 River Corridor Protection Act; enact ............................................................................HB 1871 Rivers; protection of water supplies..............................................................................HB 1575 Sales tax exemption; certain materials used in manufacturing granite.....................HB 532 Soil and Water Conservation Commission; name change ..........................................HB 1402 Soil and water conservation districts; commend...........................................................HR 649 Solid waste disposal sites; permits; restrictions.............................................................HB 862 Solid waste disposal sites; permits; restrict issuance ..................................................HB 1564 Solid waste disposal sites; restrict permits......................................................................SB 453 Solid Waste-Energy Study Committee; create...............................................................HR 955

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2719

CONSERVATION AND NATURAL RESOURCES (Continued) Solid Waste Management Act; amend .............................................................................SB 667 Submerged cultural resources; regulations......................................................................SB 503 Submerged cultural resources; regulations; Board of Natural Resources ................HB 1579 Tennessee Valley Authority reservoir system; proposed reassessment of changes................................................................................................HR 778 Tiger swallowtail; state butterfly; designate....................................................................SB 449 Underground storage tanks; regulations .......................................................................HB 1851 Water resources; farm uses; permits..............................................................................HB 1543 Water well contractors; licensing ...................................................................................HB 1144 Water well pump installers; licensing............................................................................HB 1487 Water Well Standards Advisory Council; legal services.............................................HB 1336
CONSTITUTION DAY; designate..................................................................................HR 798
CONSTITUTION, STATE; create commission to correct and revise ........................HR 16
CONSTITUTIONAL AMENDMENTS Ad valorem tax for education; reduction in county with special sales tax............................................................................................................................HR 723 Ad valorem tax; inventories; assessment date...................................................................SR 11 Alcohol or drug abuse; allocate money for treatment programs ...................................HR 13 Alimony or child support; modification; jurisdiction....................................................HR 842 Antique automobiles; ad valorem tax; maximum value ...............................................HR 240 Arts Development Fund; create..........................................................................................SR 23 Attorney General; remove from membership on certain commissions .......................SR 247 Boards of education; single member district....................................................................HR 97 Certain public officials; plurality of votes cast; election ................................................HR 27 Circuit-wide grand juries; provide ......................................................................................SR 22 College savings bond; General Assembly provide..........................................................HR 697 Commissioner of Agriculture; appointment....................................................................HR 228 Commissioner of Education; appointment by State Board of Education..................SR 270 Commissioner of Education; create office ......................................................................HR 550 Commissioner of Insurance; appointment ......................................................................HR 226 Commissioner of Labor; appointment.............................................................................HR 229 Controlled substances violations; pardon and parole prohibitions .............................HR 321 Counties and municipalities; land use plans; zoning power...........................................HR 44 Counties and municipalities; multiyear contracts; enact general law..........................HR 63 Counties; delegation of zoning powers ............................................................................HR 546 County jails; construction; certain fees............................................................................SR 347 Crime victims compensation; funding.............................................................................HR 281 Electric utilities; state ad valorem tax; distribution.....................................................HR 167 Emergency medical services systems; support from certain funds.............................HR 323 Emerging crops loan fund; create ....................................................................................HR 781 Export Finance Fund; create............................................................................................HR 659 General Assembly members; term of office.........................................................................SR 7 Governor; successive terms; prohibit...............................................................................HR 786 Hospitals; state to make loans..........................................................................................HR 584 Income tax form; designated contribution......................................................................HR 420 Indigent Care Trust Fund; create.....................................................................................SR 350 Industrial areas; removal of certain property ................................................................HR 792 Initiative petition; power to enact or reject ...................................................................HR 131 Judicial officers; appointed to elective office.................................................................HR 892 Local governments; effective date of act increasing expenditure ...............................HR 748 Local governments; increased expenditures effective in January following enactment ........................................................................................................SR 396 Local school systems; taxation; other sources of revenue ..............................................HR 81 Lotteries; delete prohibition provision............................................................................HR 299

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2720

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Motor fuel tax; allocation of proceeds.............................................................................HR 455 National Register of Historic Places; transfer of property; taxation ..........................SR 265 Other sources of revenue for local school systems; provide...........................................HR 12 Pardons and paroles; restrictions; certain sentence......................................................HR 129 Property of electric utilities; state ad valorem tax.............................................,..........HR 221 Public buildings; renaming; certain prohibitions..........................................................,HR 776 Public officials; method of compensation ........................................................................SR 323 Revenue bills; originate in either House of General Assembly ........................................SR 6 Sales tax; increase 2% statewide; education ..................................................................HR 416 School superintendents; appointment by board ............................................................HR 227 Seed-Capital Fund; create.........................,.......................................................................HR 552 Special sales and use tax; education purposes; referendum..........................................HR 84 Special sales tax for education; county boards of education issue revenue bonds........................................................................................................HR 724 Special service districts; temporary loans.......................................................................HR 626 State Board of Education; membership..........................................................................HR 665 State Board of Pardons and Paroles; elect membership ................................................HR 26 State government; sovereign immunity............................................................................SR 267 State Housing Trust Fund; provide.................................................................................HR 587 State lottery; provide...........................................................................................................HR 54 State lottery; provide .........................................................................................................HR 698 Statewide grand juries; create...........................................................................................HR 132 Statewide grand juries; create........,..................................................................................HR 322 Superior courts; jurisdiction; family violence cases.......................................................HR 575 Supplementary appropriations; vote required ...............................................................HR 217 Tangible personal property; separate class for ad valorem tax...................................HR 571 Victims of crime; compensate............................................................................................SR 274
CONSUMER AFFAIRS Alcoholic beverage sales; levels of certain substances; warning signs ......................HB 1877 Automatic telephone numbers; per-call charge; restrictions......................................HB 1497 Carnival Ride Safety Act; amend......................................................................................SB 544 Commodity contracts; regulation ...................................................................................HB 1366 Consumers' utility counsel; operating costs; fees...........................................................HB 478 Consumers' utility counsel; performance audit; repeal requirement ..........................HB 477 Consumers' utility counsel; repeal certain provisions .................................................HB 1605 Consumer warranty agreements; guarantee by certain insurers ..................................SB 589 Credit cards; finance charge..............................................................................................HB 145 Crimes; fraudulent purchasing of residential property; prohibit.................................SB 647 Distress merchandise sales, fire sales, and going out of business sales; regulation.............................................................................................................HB 1875 Fair Business Practices; actions by administrator ......................................................HB 1405 Fair Business Practices; mortgage debt assistance; prohibitions .................................SB 648 Flea markets; regulate merchants.....................................................................................SB 555 Georgia Consumer cooperative Act; enact ......................................................................HB 412 Insurance consumer advocate; create..............................................................................HB 111 Insurers; assets; consideration of good will...................................................................HB 1747 Investment advisory business; regulate.........................................................................HB 1566 Motor fuel; retail sales; sign requirement.......................................................................HB 438 Motor vehicle franchise practices; definitions..............................................................HB 1921 Motor vehicle insurance; rate change due to age; prohibitions.................................HB 1312 Motor Vehicle Sales Finance; sublease prohibitions...................................................HB 1449
Promotional contests; deceptive practices ....................................................................HB 1370
Promotional giveaways or contests; amend provisions..................................................SB 529 Retail Installment and Home Solicitation Sales; revolving accounts.........................HB 146
Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131

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2721

CONSUMER AFFAIRS (Continued) Self-service gas station; cost for dispensing to handicapped persons ........................HB 385 Trade practices; laundries; itemized list.......................................................................HB 1176
CONTRACTORS(CONSTRUCTION) Abandoned landfills; prohibit construction ....................................................................HB 435 Action for deficiencies; limitation period........................................................................HB 715 Arbitration; general provisions ............................................................................................SB 73 Asbestos; removal from certain buildings; actions .........................................................SB 649 Housing; accessible to disabled or elderly person; urge construction ........................HR 721 Licensing requirements....................................................................................................HB 1381 Mechanics' and materialmen's lien; non-licensed air conditioning contractor; exemption ..................................................................................................HB 1319 Public work; bid bonds ......................................................................................................HB 636 State construction codes; establish ................................................................................HB 1360 Torts; independent contractor; employer's liability .......................................................SB 207 Transportation, Department of; bids; examination of site.........................................HB 1781 Trusts; payment of funds for real property improvement ...........................................HB 890 Water well contractors; licensing ...................................................................................HB 1144 Wholesaler; equipment sales to certain air conditioning contractor; prohibitions ...............................................................................................HB 1320 Workers' compensation; employee rights; construction design professionals ......................................................................................................HB 1655 World Congress Center; stadium; financing .................................................................HB 1691
CONTRACTS Arbitration; general provisions ............................................................................................SB 73 Certain commitments in writing ....................................................................................HB 1536 Commerce and Trade;regulation....................................................................................HB 1366 Commissioner of Corrections; authority ..........................................................................SB 472 Consumer warranty agreements; guarantee by certain insurers ..................................SB 589 Contractors; public work; bid bonds................................................................................HB 636 Counties and municipalities; certain liability...............................................................HB 1179 Crimes; conversion of certain leased property; penalty limits...................................HB 1561 Crimes; conversion of leased property; punishment ......................................................SB 599 Downtown development authority; contracts; authorization .....................................HB 1502 George L. Smith II Georgia World Congress Center Authority; trade show facilities......................................................................................................HB 1035 Insurance; agent-company contract; cancellation ...........................................................SB 538 Local governments; multiyear leases; terms .................................................................HB 1550 Motor vehicle franchise practices; definitions..............................................................HB 1921 Motor Vehicle Sales Finance; sublease prohibitions...................................................HB 1449 Nonprofit contractors; doing business with state; reports .........................................HB 1413 Soil and Water Conservation Committee; certain contracts; grants ........................HB 1401 State agencies; certain exemption; nonprofit contractor............................................HB 1618 Transportation, Department of; bids; examination of site.........................................HB 1781 Trusts; payment of funds for real property improvement...........................................HB 890
CONTROLLED SUBSTANCES Amend list............................................................................................................................HB 968 Amend list..........................................................................................................................HB 1388 Cocaine and crack; trafficking; penalty............................................................................SB 209 Controlled substances or marijuana; unlawful to be in room where being used.............................................................................................................HB 251 Dangerous drugs; amend list...........................................................................................HB 1636 Death penalty; murder committed during drug trafficking.........................................HB 249 Deposit seized currency in interest-bearing account......................................................SB 561 Distribution to minors; penalty ........................................................................................HB 103

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2722

INDEX

CONTROLLED SUBSTANCES (Continued) Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Duplicate prescription........................................................................................................HB 998 Forfeited property; use of funds.........................................................................................HB 74 Forfeited property; use of proceeds .................................................................................HB 250 Imitations; unlawful distribution...................................................................................HB 1203 Manufacture; amend provisions ........................................................................................SB 109 Marijuana production; court jurisdiction..........................................................................HB 22 Pardon and parole; prohibition for violations................................................................HR 321 Trafficking or possession; amend provisions..................................................................HB 767 Trafficking; penalty............................................................................................................HB 101 Trafficking; penalty............................................................................................................HB 248
CONYERS-ROCKDALE COUNTY CHARTER COMMISSION; create ..........SB 566
COOK HIGH SCHOOL WRESTLING TEAM; commend ......................................HR 836
CORONERS Coroner's Training Council; membership ..........................................................................SB 70 Embalming authorization; certain deaths .............................................................--.....HB 1317 Inquests; authorization ....................................................................................................HB 1248 Investigations; fees............................................................................................................HB 1350 Post-mortem exam; certain deaths; blood analysis; drugs or alcohol.......................HB 1318 Post-mortem exam; definition of medical examiner...................................................HB 1362 Training course; expense allowance...............................................................................HB 1707 Training expenses.............................................................................................................HB 1316 Vacancies in offices; personnel..........................................................................................SB 409
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Development Authorities Law; office building owned by charitable corporation..................................................................................................HB 1303 Electric membership corporations; directors' duties; liability......................................SB 536 Filing fee; Superior Court Clerks; information network.............................................HB 1444 Financial institutions; small minority business development....................................HB 1310 Georgia Consumer cooperative Act; enact ......................................................................HB 412 Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Income tax; calculation....................................................................................................HB 1547 Income tax; certain corporations; job tax credits ........................................................HB 1648 Indemnification; certain persons; authorization ............................................................HB 219 Insurable interest; officers and employees....................................................................HB 1589 Limitations of liability; certain persons..........................................................................HB 799 Limited partnerships; amend provisions.........................................................................HB 924 Merger or combination; prohibitions.............................................................................HB 1571 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Nonprofit corporations; failure to file annual report; penalty ..................................HB 1631 Officers and employees; indemnification and expenses.................................................SB 302 Professional corporations; shareholder requirements..................................................HB 1302 Revise code........................................................................................................................HB 1272 Small minority business development corporations; create ..........................................SB 569 Workers' Compensation; corporate officers file certifications ...................................HB 1437
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGY Cosmetologists; services outside salon.............................................................................HB 487 Schools; teaching requirements......................................................................................HB 1214
COTTON, MR. AND MRS. PLEDGER DILLARD; 67th wedding anniversary; commend .......................................................................................................HR 967

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2723

COUNTIES (Also, see Local Governments or Named County) Abandoned cemeteries; maintenance.............................................................................HB 1594 Act increasing expenditure; effective date - CA............................................................HR 748 Ad valorem tax; determination of millage rates ..........................................................HB 1534 Ad valorem tax; school lunches; municipal development authorities.......................HB 1785 Administrative Services, Department of; services to local government ...................HB 1297 Administrator for the county; eligibility.........................................................................HB 584 Airports; counties and municipalities register as operators.........................................HB 942 Airports; lease certain property......................................................................................HB 1238 Alcoholic beverages; in-room sales by hotel; license.....................................................HB 227 Animal Protection Act; amend provisions ....................................................................HB 1150 Annexation; contiguous area; definition........................................................................HB 1374 Annexation; county population...........................................................................................HB 66 Annexation; zoning plans; population ...............................................................................HB 77 Appeals; State Courts; certain decisions.......................................................................HB 1235 Appropriation for charitable contributions; repeal certain Section..........................HB 1777 Appropriation for charitable contributions; repeal population classification..................................................................................................................HB 1776 Area planning and development commissions; review of certain developments......................................................................................................HB 281 Audit and budget; file reports with Community Affairs............................................HB 1420 Bad checks; fee for serving citation...............................................................................HB 1521 Billiard rooms; licensing ..................................................................................................HB 1496 Board of Medical Examiners; attend seminar; license requirements .......................HB 1846 Boards of commissioners; requirement..............................................................................HB 88 Boards of education; interlocal risk management agencies...........................................SB 438 Boards of education; meeting places; requirement......................................................HB 1422 Boards of education; members' per diem .....................................................................HB 1024 Boards of education; qualifications...................................................................................SB 528 Boards of equalization; alternate members; appointment..........................................HB 1465 Boards of equalization; selection of membership ........................................................HB 1278 Boards of health; certain activities; regulate by Agriculture Department..................................................................................................SB 290 Boards of health; certain services; fees ............................................................................SB 527 Bonds; legal fees..................................................................................................................HB 273 Business license; levy by county; criteria for assessment...........................................HB 1657 Child Abuse Protocol Committee; composition..............................................................SB 640 Civil service system; applicability of certain laws.......................................................HB 1357 Community Affairs; grants to counties and municipalities........................................HB 1036 Contractors; public work; bid bonds................................................................................HB 636 Contracts; certain liability...............................................................................................HB 1179 Controlled substances; forfeited property; use of proceeds .........................................HB 250 Coroners; investigation fees.............................................................................................HB 1350 Correctional institutions; confer police powers upon wardens.....................................SB 476 Council of State Court Judges of Georgia; create ..........................................................SB 432 Counties and municipalities; assume corporate powers; charter...............................HB 1222 Counties; zoning powers; delegation - CA ......................................................................HR 546 County Consolidation Study Committee; create ...........................................................HR 225 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Elections; deputy registrars; prohibit residency requirement.................,..................HB 1786 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Electronic security systems; installation prohibitions ...................................................SB 630
Employment benefits; provide...........................................................................................SB 102
Executions; designation of property..............................................................................HB 1426
Executions; publish time of sale.....................................................................................HB 1232
Family and children services; county boards; nominations .......................................HB 1189
Fees for fire protection services .....................................................................................HB 1463

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2724

INDEX

COUNTIES (Also, see Local Governments or Named County) (Continued) Financial institutions; taxation.........................................................................................HB 642 Fulton County; board of commissioners; certain disclosure ......................................HB 1372 Fulton County board of health; membership in Employees' Retirement System............................................................................................................SB 87 Fulton County; grants for charitable purposes............................................................HB 1679 General Assembly; population bills; definition ............................................................HB 1872 George L. Smith II Georgia World Congress Center Authority; trade show facilities......................................................................................................HB 1035 Governing authority; election ...........................................................................................HB 345 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Habeas corpus; death sentence challenge; transfer..........................................................SB 99 Hospitals; indigent care; reimbursement......................................................................HB 1387 Hunting; antlerless or either-sex deer; certain counties .............................................HB 1440 Income tax; corporations; allocation of income............................................................HB 1432 Increased expenditures effective in January following enactment - CA.....................SR 396 Indictments of public officials; municipal officers......................................................HB 1425 Insurance premiums; reduction of ad valorem tax......................................................HB 1259 Insurance; premium taxes; date of collection...............................................................HB 1160 Interment of deceased indigents; payment...................................................................HB 1732 Jail Construction and Staffing Act; enact.......................................................................SB 629 Jails; construction; certain fees - CA................................................................................SR 347 Jails; construction near schools; requirements................................................................SB 500 Jails; grants to municipalities and counties ....................................................................SB 546 Jails; prisoners pay certain fees; room and board .........................................................HB 848 Joint county and municipal sales tax; define population...............................................HB 93 Joint Municipal Employees Benefit System; investment of benefits; delete certain provisions..............................................................................................HB 1351
Joint Study Committee on Area Planning and Development Commissions; create................................................................................SR 264
Juries; selection requirement............................................................................................HB 176 Land use planning and development...............................................................................HB 330 Land use plans; zoning power - CA...................................................................................HR 44 Law enforcement; certain assistance; liability of state .................................................HB 446 Law enforcement; driving records; dissemination .........................................................HB 405 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Law libraries; costs collected in recorder's court............................................................SB 176 Libraries; board of trustees; membership.....................................................................HB 1397 License plates; revocation; seizure by law enforcement officers ...............................HB 1305 Litter control; urge enforcement of laws.........................................................................HR 634 Local boards of education; applicability of state rules...............................................HB 1271 Local governmental reorganization; vote in unincorporated
area of county ................................................................................................................HB 1715 Local governments; multiyear leases; terms .................................................................HB 1550 Local law enforcement; speed detection devices............................................................HB 425 Local option sales tax; combined purposes ....................................................................HB 191 Mapping Advisory Board; create.......................................................................................SB 437 Medical examiner; establish office in certain counties ...............................................HB 1599 Mineral rights; tax records; requirements.....................................................................HB 1293 Motor fuel tax; imposition ................................................................................................HB 518 Motor vehicle registration; date .......................................................................................HB 397 Motor vehicles; staggered registration; certain counties...............................................HB 448
Multiyear agreements.........................................................................................................HB 256
Multiyear contracts; enact general law - CA....................................................................HR 63
Municipalities; contract with county; tax collection...................................................HB 1200
Municipalities; fines from certain criminal cases ..........................................................HB 116
Officers and employees; prohibited sales of property; amend......................................SB 617

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2725

COUNTIES (Also, see Local Governments or Named County) (Continued) Officials; cost-of-living adjustments..................................................................................SB 463 Officials; filling of vacancies in offices.............................................................................SB 409 Officials; salaries; cost-of-living adjustments ...............................................................HB 1331 Open meetings.....................................................................................................................HB 215 Open meetings; amend provisions..................................................................................HB 1344 Open meetings; amend provisions.....................................................................................SB 394 Peace officers; exempt certain retirement income.........................................................HB 656 Peace Officer Standards and Training; jail or communication officers.......................HB 52 Probation; state participation in cost of funding certain systems............................HB 1476 Processioning of boundaries; procedures ...........................................................................SB 51 Property of electric utilities; state ad valorem tax........................................................HB 696
Property of electric utilities; state ad valorem tax - CA..............................................HR 221 Property purchases; independent appraisal..................................................................HB 1798 Public administration; false statements or fradulent writings; penalty...................HB 1252
Public employees; deferred compensation plan; define employee ............................HB 1638 Public safety employees; mutual aid in emergencies ..................................................HB 1285 Public sales; time for holding............................................................................................SB 158
Public works contracts; bid procedure; Bibb County .................................................HB 1567 Real estate transfer tax; forms furnished to tax assessors.........................................HB 1817
Recreational set-aside property; certain transfer ........................................................HB 1192 Reimbursement for capital felony expenses.................................................................HB 1529
Sales tax exemption; food for certain senior citizens' centers ...................................HB 1813 School boards; place of meetings ...................................................................................HB 1313 Seat belts; posting signs promoting usage ......................................................................HR 593 Service marks; registration.................................................................................................SB 558
Sexual offenses; certain offenders; registration with sheriff ......................................HB 1346 Sheriff; honorary office of sheriff emeritus..................................................................HB 1797
Sheriffs; civil cases; service fees .....................................................................................HB 1530 Sheriffs; reports of interference with duties; repeal....................................................HB 1531 Solid waste collection; regulation......................................................................................SB 531
Solid waste disposal sites; permits; restrictions.............................................................HB 862 Solid waste disposal sites; permits; restrict issuance ..................................................HB 1564
Solid waste disposal sites; restrict permits......................................................................SB 453 Special county sales tax; cultural, recreational or
historic facilities............................................................................................................HB 1136
Special county sales tax; educational purposes............................................................HB 1608 Special county sales tax; separate project; referendum ..............................................HB 1603 Special 1% sales tax; educational purposes ...................................................................HB 424
Special purpose county sales tax; effective date; amend provisions.........................HB 1472 Special sales and use tax; education purposes; referendum - CA.................................HR 84 Special service districts; temporary loans - CA.............................................................HR 626 State courts; appeals from magistrate courts...............................................................HB 1544
Superior court clerks; office hours; certain counties...................................................HB 1298 Superior courts; sessions held outside county site......................................................HB 1325
Surveyors; qualifications; amend application...............................................................HB 1675 Tax digests; review and equalization.............................................................................HB 1279 Tax executions; prohibit payment by certain officials ...............................................HB 1280
Tax officials; appointment of chief deputy .....................................................................SB 485
Transportation, Department of; lease of property; waive certain requirement......................................................................................................HB 1678
Workers' compensation; persons doing certain community service..........................HB 1661
Zoning; certain campaign contributions; disclosure ......................................................HB 113 Zoning power.......................................................................................................................HB 701
Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520
Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities......................................HB 571

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2726

INDEX

COUNTY BOARDS OF HEALTH Fees; certain services......................................,....................................................................SB 527 Fulton County; membership in Employees' Retirement System...................................SB 87 Regulations; Agriculture Department....................................................,..........................SB 290
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortion; parental notification; signed statement..........................................................SB 621 Administrator for the county; eligibility.........................................................................HB 584 Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond........,.........................................................HB 670 Adoption; special needs children; payments to certain agencies .................................SB 422 Aggravated assault against elderly; penalty.....................................................................HB 98 Aggravated battery against elderly; penalty...................................................................HB 102 AIDS battery; conviction for murder if victim dies....................................................HB 1630 Alcoholism and drug abuse; additional penalties; procedure.........................................HB 62 Alcovy Judicial Circuit; court reporters; compensation.................................................SB 652 Alimony and child support; action by spouses ............................................................HB 1704 Alimony and child support; dependent child; definition............................................HB 1174 Alimony and support; withholding from wages.............................................................HB 860 Appalachian Judicial Circuit; add judge..........................................................................SB 334 Appeal and pretrial review; death penalty; procedures.................................................SB 100 Appeals; supersedeas; in cases of contempt ...................................................................HB 817 Appellate court; stipulated record .................................................................................HB 1607 Assault against elderly; mandatory penalty .....................................................................HB 95 Auditor and special master; fees assessed as costs......................................................HB 1545 Bad checks; amend provisions..........................................................................................HB 124 Bad checks; fee for serving citation...............................................................................HB 1521 Bad checks; party initially receiving; prosecution..........................................................SB 556 Bail bonds; pledge of property; spouse's consent..........................................................HB 470 Bailiffs; compensation.........................................................................................................SB 516 Bail jumping offense; redefine..........................................................................................HB 768 Bail or recognizance; amend certain provisions.............................................................HB 776 Battery offense; sentence served during nonworking hours.........................................HB 238 Board of Workers' Compensation; appeal certain decisions......................................HB 1438 Brunswick Judicial Circuit; abolish; Altamaha and Coastal Judicial Circuits; create...............................................................................................HB 1486 Buildings unfit for human habitation; jurisdiction .....................................................HB 1650 Certain actions; decline jurisdiction..............................................................................HB 1231 Cherokee Judicial Circuit; assistant district attorney; employment............................SB 686 Cherokee Judicial Circuit; district attorney; supplement .............................................SB 685 Circuit-wide grand juries; provide - CA.............................................................................SR 22 Civil practice; depositions; record at own expense...........................................................SB 46 Civil practice; nonresidents; certain jurisdiction ............................................................SB 396 Civil practice; unaccepted settlement offer; attorney's fees ........................................HB 693 Cobb Judicial Circuit; judges' supplement......................................................................SB 616 Cobb Judicial Circuit; number of investigators and assistant district attorneys...........................................................................................................HB 1633 Continuances; certain registered agents........................................................................HB 1161 Contracts; counties and municipalities; certain liability ............................................HB 1179 Controlled substances; distribution to minors; penalty..................................................HB 96 Controlled substances; distribution to minors; penalty ................................................HB 103 Controlled substances; imitations; unlawful distribution ...........................................HB 1203 Corporations; filing fee; superior court clerks; information network .......................HB 1444 Corporations; indemnification; certain persons; authorization....................................HB 219 Council of Probate Court Judges of Georgia; establish.................................................SB 411 Council of State Court Judges of Georgia; create ..........................................................SB 432 County jails; construction; certain fees - CA ..................................................................SR 347 Court of Appeals; preappeal settlement conference procedure ...................................HB 615

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INDEX

2727

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Coweta Judicial Circuit; terms for Carroll County .....................................................HB 1427 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Crime victims compensation; funding - CA ...................................................................HR 281 Crimes; offender tried as adult; age limit.......................................................................HB 640 Criminal procedure; arraignment date; notification......................................................HB 117 Criminal procedure; satisfaction of fines by community service .................................SB 470 Criminal records; purged from original agency ...............................................................SB 373 Death penalty; mentally incompetent persons; prohibitions .......................................HB 878 Death penalty; murder committed during drug trafficking.........................................HB 249 Death penalty; persons under 18; prohibitions ..............................................................HB 777 Death penalty; televise executions .....................................................................................HB 89 Dogs; death or injury to llamas or alpacas; liability ...................................................HB 1311 Domestic violence; certain actions; penalty..................................................................HB 1400 Driver's license; deposit in lieu of bail; receipt............................................................HB 1287 Driver's license; suspension; notification; fees ................................................................SB 545 Driver's license; suspension or revocation; failure to pay fine ..................................HB 1023 Driving under the influence; certain violations; specify acts in other jurisdictions........................................................................................................HB 37 Driving under the influence; drivers' license reinstatement; requirements......................................................................................................................HB 50 Driving under the influence; fines; prohibit installment payments............................HB 675 Drug trafficking; penalty...................................................................................................HB 101 Drug trafficking; penalty...................................................................................................HB 248 Evidence; prosecution for rape.......................................................................................HB 1568 Evidence; subpoenas; enforcement by attachment for contempt..............................HB 1292 Executory trust; amend provisions ................................................................................HB 1151 Family violence; amend provisions ..................................................................................HB 871 Family violence; definitions; arrest provisions .............................................................HB 1407 Family violence; licensing of shelters ............................................................................HB 1450 Family violence; magistrate court; temporary emergency relief................................HB 1291 Family violence; magistrate court; temporary protection orders..............................HB 1290 Family violence; protective orders; enforcement .........................................................HB 1406 Family violence; verified petition; filing .......................................................................HB 1399 Foreign judgments; enforcement ......................................................................................HB 301 Fulton County; jury clerks; appointment ........................................................................SB 602 Fulton County; state and magistrate courts; special fund..........................................SB 253 Game and Fish Code; misdemeanor violations; probate courts jurisdiction.....................................................................................................................HB 1647 Garnishment; judgments; repeal certain requirements...............................................HB 1642 Grand juries; service of summons ..................................................................................HB 1227 Grand juries; written response; recommendations .........................................................SB 494 Grandparents; visitation rights.......................................................................................HB 1434 Grandparents; visitation rights..........................................................................................SB 549 Griffin Judicial Circuit; add judge....................................................................................SB 258 Guardian and ward; posting bond....................................................................................HB 669 Guardians or trustees; commissions...............................................................................HB 1163 Guardianship hearings; compensation; certain attorneys.............................................HB 371 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Gwinnett Judicial Circuit; add judge .................................................................................SB 32 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Housing Authority; subpoena; failure to comply .........................................................HB 1249
Indigent Defense Act; distribution of state funds..........................................................SB 548
Inspection of documents; exemption .............................................................................HB 1301
Interest on judgments; unsuccessful appeals................................................................HB 1517
Jail Construction and Staffing Act; enact.......................................................................SB 629
Judicial circuits; habeas corpus clerks; requirements....................................................SB 388

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2728

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Judicial officers; appointed to elective office - CA.......................................................HR 892 Judicial officers; unlawful to interfere with official duties........................................HB 1479 Juries; certain felony cases; number impaneled...........................................................HB 1296 Juries; certain felony trials; peremptory challenges....................................................HB 1289 Juries; hearing impaired persons serve as jurors............................................................SB 513 Juries; selection requirement............................................................................................HB 176 Juries; unauthorized absence; penalty...........................................................................HB 1295 Jury duty; law enforcement officers; exemption..........................................................HB 1632 Juvenile proceedings; certain designations...................................................................HB 1738 Juvenile proceedings; certain traffic offenses; jurisdiction...........................................HB 290 Juvenile proceedings; certain traffic or waterways offense; jurisdiction........................................................................................................................SB 147 Juvenile proceedings; definition of child ........................................................................HB 870 Juvenile proceedings; jurisdiction.......................................................................................SB 20 Juvenile proceedings; program of state subsidies.............................................................SB 89 Juvenile traffic offenses; definitions................................................................................HB 314 Law enforcement officers; witness fees; amend provisions........................................HB 1754 Law libraries; costs collected in recorder's court............................................................SB 176 Limitation of actions; time provisions...........................................................................HB 1245 Magistrate courts; bad checks; jurisdiction.....................................................................SB 195 Magistrate courts; certain jurisdiction ............................................................................HB 220 Magistrate courts; election of chief magistrate...............................................................SB 194 Magistrate courts; extradition; jurisdiction.....................................................................SB 201 Magistrate courts; law library fees.....................................................................................HB 15 Magistrate courts; unpaid judgments; certain fees......................................................HB 1391 Magistrates; minimum salary.............................................................................................SB 197 Marriage license; additional fee......................................................................................HB 1154 Misdemeanor-bail jumping; amend provisions.............................................................HB 1702 Misdemeanors; increase maximum fine ........................................................................HB 1257 Misdemeanors; punishment; amend provisions ..............................................................SB 429 Missing child report; notification.....................................................................................HB 891 Municipal courts; certain municipalities; jurisdiction.................................................HB 1173 Municipal courts; traffic fines; payment...........................................................................HB 68 Municipalities; fines from certain criminal cases..........................................................HB 116 New trial; extension of time for filing transcript........................................................HB 1396 Ocmulgee Judicial Circuit; district attorney; salary supplement.................................SB 624 Peace Officer and Prosecutor Training Fund; magistrate courts; applicability...................................................................................................................HB 1202 Probate courts; judges; minimum salary..........................................................................SB 305 Probate courts; office site..................................................................................................HB 488 Probate courts; provide copies of Official Code of Georgia..........................................SB 412 Probate courts; removal of judge for incapacity or inability.........................................HB 57 Probate courts; training expenses for judges; reimbursement......................................SB 413 Probation; amend provisions .............................................................................................SB 434 Probationer; transfer from one judicial circuit to another.........................................HB 1717 Professional malpractice; required affidavits...............................................................HB 1621 Property; grant easements for private ways; restrictions...........................................HB 1327 Property; title by prescription; adverse possession.....................................................HB 1052 Property; writ of possession; form of summons..............................................................SB 610 Prosecution barred after certain indictment................................................................HB 1330 Public Safety; certain records; admissible evidence.......................................................SB 562
Retirement; court officials; new system..........................................................................HB 703
Seized property; disposition............................................................................................HB 1615
Sexual exploitation of children; penalties.....................................................................HB 1226
Sexual offenses; AIDS testing; requirement.................................................................HB 1047
Sheriffs; civil cases; service fees .....................................................................................HB 1530

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INDEX

2729

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Sheriffs; honorary office of sheriff emeritus.................................................................HB 1797 Sheriffs; reports of interference with duties; repeal....................................................HB 1531 Simple assault or battery against elderly; penalty ........................................................HB 100 State courts; appeal certain decisions ...........................................................................HB 1235 State courts; appeals from magistrate courts ...............................................................HB 1544 State patrol officer; witness fees ......................................................................................HB 659 Statewide grand juries; create - CA.................................................................................HR 132 Statewide grand juries; create - CA.................................................................................HR 322 Stone Mountain Judicial Circuit; add judge ................................................................HB 1670 Superior court clerks; fees; certain reference ...............................................................HB 1635 Superior court clerks; office hours; certain counties ...................................................HB 1298 Superior courts; jurisdiction; family violence cases - CA.............................................HR 575 Superior courts; senior judge; compensation for service ............................................HB 1230 Superior courts; sessions held outside county site ......................................................HB 1325 Supreme Court and Court of Appeals; reports; definition.........................................HB 1731 Tifton Judicial Circuit; judges' compensation .............................................................HB 1459 Torts; actions against law enforcement officer; bond .....................................................HB 46 Torts; certain drugs; limitations on punitive damages ...............................................HB 1408 Torts; punitive damages ....................................................................................................HB 253 Torts; visual or sound broadcast; defamatory statements ............................................SB 343 Torts; wrongful death of parent; action by child ...........................................................SB 259 Traffic offenses; modify judgment...................................................................................HB 136 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Trial without jury; consent of both parties .....................................................................SB 492 Waycross Judicial Circuit; terms....................................................................................HB 1540 Witness intimidation; define offense............................................................................,...SB 560 Witnesses; delivery of certain prisoners; procedure ....................................................HB 1627 Witnesses; influencing testimony; prohibitions............................................................HB 1577 Workers' compensation; persons doing certain community service..........................HB 1661 Workers' compensation; recovery against third-party tort-feasors...........................HB 1542 Zoning procedures; injunctive relief...............................................................................HB 1168
COWART, DARIN; commend ..........................................................................................HR 948
COWETA COUNTY Board of commissioners; vacancies; special election ...................................................HB 1242 Homestead exemption; elderly .......................................................................................HB 1827 Homestead exemption; elderly or disabled...................................................................HB 1828
COWETA JUDICIAL CIRCUIT; terms for Carroll County ...................................HB 1427
COX, HONORABLE WALTER E.; commend ............................................................HR 934
CRANFORD, HONORABLE CLIFFORD A.; condolences .....................................HR 869
CRAWFORD COUNTY Board of education; hold meetings at location other than county seat...................HB 1819 Homestead exemption; elderly .......................................................................................HB 1744 Probate court; jurisdiction...............................................................................................HB 1820
CRECINE, DR. JOHN PATRICK Commend .............................................................................................................................HR 638 Invite to House ...................................................................................................................HR 622
CREEK INDIAN HERITAGE OF THE CHATTAHOOCHEE VALLEY Commend............................................................................................................................HR 828
CRIM, DR. ALONZO A. Commend.............................................................................................................................HR 668 Invite to House ...................................................................................................................HR 754

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2730

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; parental notification; signed statement..........................................................SB 621 Abortions; mandatory counseling.....................................................................................HB 645 Aggravated assault against elderly; penalty .....................................................................HB 98 Aggravated battery against elderly; penalty ...................................................................HB 102 Aggravated battery; intentionally causing physical harm to another.......................HB 1256 Aggravated child molestation; bail requirement............................................................HB 714 Aggravated child molestation; definition of offense....................................................HB 1354 AIDS battery; conviction for murder if victim dies....................................................HB 1630 Alcoholic beverages; prohibited conduct on premises where sold...............................HB 516 Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director..................................................................................HB 602 Assault against elderly; mandatory penalty .....................................................................HB 95 Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; amend provisions ..........................................................................................HB 124 Bad checks; fee for serving citation...............................................................................HB 1521 Bad checks; form of notice; issuance.............................................................................HB 1392 Bad checks; jurisdiction; magistrate courts .....................................................................SB 195 Bad checks; party initially receiving; prosecution..........................................................SB 556 Bail; amend certain provisions .........................................................................................HB 776 Bail jumping offense; redefine..........................................................................................HB 768 Battery offense; sentence served during nonworking hours.........................................HB 238 Bonds and recognizances; forfeiture................................................................................HB 915 Bus Passenger Safety Act; amend provisions...............................................................HB 1629 Certain firearms; contraband..........................................................................................HB 1254 Child abuse; amend reporting provisions........................................................................HB 415 Child abuse; protection for employees reporting............................................................SB 665 Child Abuse Protocol Committee; composition..............................................................SB 640 Child abuse; reporting by certain persons ....................................................................HB 1355 Child Pornography Study Committee; create................................................................HR 127 Cocaine and crack; trafficking; penalty............................................................................SB 209 Commission on Criminal Sanctions and Correctional Facilities; create .....................SR 300 Controlled substances; amend list..................................................................................HB 1388 Controlled substances and dangerous drugs; amend list..............................................HB 968 Controlled substances; deposit seized currency in interest-bearing account.................................................................................................SB 561 Controlled substances; distribution to minors; penalty..................................................HB 96 Controlled substances; distribution to minors; penalty................................................HB 103 Controlled substances; duplicate prescription................................................................HB 998 Controlled substances; forfeited property; use of funds.................................................HB 74 Controlled substances; forfeited property; use of proceeds .........................................HB 250 Controlled substances; imitations; unlawful distribution...........................................HB 1203 Controlled substances; manufacture; amend provisions................................................SB 109 Controlled substances or marijuana; unlawful to be in room where being used.............................................................................................................HB 251 Controlled substances; trafficking or possession; amend provisions......................,....HB 767 Controlled substances; trafficking; penalty ....................................................................HB 101 Controlled substances; trafficking; penalty ....................................................................HB 248 Controlled substances violations; pardon and parole prohibitions - CA ...................HR 321 Conversion of certain leased property; penalty limits ................................................HB 1561 Conversion of leased property; punishment....................................................................SB 599 Credit repair services organizations; regulation...........................................................HB 1233
Crime Information Center; dissemination of records....................................................HB 312
Crime victims; certain assistance......................................................................................SB 431
Crime victims; compensate - CA.......................................................................................SR 274
Crime Victims Compensation Fund; fees on bonds ......................................................HB 861
Crime victims compensation; funding - CA ...................................................................HR 281

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2731

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Criminal Justice Coordinating Council; add member....................................................SB 430 Criminal procedure; satisfaction of fines by community service .................................SB 470 Criminal records; purged from original agency ...............................................................SB 373 Criminal solicitation; penalty..........................................................................................HB 1562 Criminal trespass; definition...........................................................................................HB 1057 Criminal trespass or damage to property; negligence ...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Cruelty to children; certain pregnant females .............................................................HB 1380 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Damage to certain property; felony over $500 .............................................................HB 1431 Damage to property; recovery.........................................................................................HB 1538 Dangerous drugs; amend list...........................................................................................HB 1636 Death penalty; murder committed during drug trafficking .........................................HB 249 Death penalty; persons present at execution; amend provisions .................................SB 471 Death penalty; televise executions .....................................................................................HB 89 Deceptive practice; false reasons for seminar or meeting ...............................................SB 52 Domestic violence; certain actions; penalty ..................................................................HB 1400 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Drug trafficking; penalty ...................................................................................................HB 101 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Evidence; offense against minor; spouse's testimony....................................................HB 181 Evidence; prosecution for rape.......................................................................................HB 1568 False identification documents; penalty for manufacturing, selling, or distributing.....................................................................................................SB 511 False identification documents; unlawful to possess, manufacture, sell or distribute................................................................................................................HB 14 False or facsimile bombs; prohibitions............................................................................HB 601 False statements or fradulent writings; penalty ..........................................................HB 1252 Family violence; amend provisions ..................................................................................HB 871 Family violence; verified petition; filing .......................................................................HB 1399 Felony; crime of escape....................................................................................................HB 1448 Felony; offense of escape .................................................................................................HB 1593 Firearm possession; off-duty peace officers.....................................................................SB 586 Firearms; discharging near highways; amend provisions...............................................SB 401 Firearms; discharging within certain areas; penalty......................................................HB 752 Firearms; lost license; requirements for new permit.....................................................HB 612 Firearms; possession while under the influence; prohibitions...................................HB 1255 Firearms; prohibit sales of certain toys...........................................................................HB 523 Firearms; purchases, trades or exchanges; dealers to report .....................................HB 1394 Firefighter; official duties; prohibit obstruction ..........................................................HB 1436 First offenders; certain convictions; exclude from weapons prohibitions...................SB 651 Fraudulent purchasing of residential property; prohibit...............................................SB 647 Hazing; prohibit................................................................................................................HB 1662 Health records; falsification; prohibitions.....................................................................HB 1598 House Pari-mutuel and Lottery Wagering Study Committee; create........................HR 973 Indictments of public officials; municipal officers......................................................HB 1425 Insurance premium; bad check issuance; null and void...............................................HB 196 Interest and usury; origination fees and discount points; calculation........................HB 128 Judicial officers; unlawful to interfere with official duties ........................................HB 1479 Juries; certain felony trials; peremptory challenges....................................................HB 1289 Kidnapping; interference with custody .........................................................................HB 1384
Law enforcement officer; person giving false information; penalty.............................SB 585
Lotteries; delete prohibition provision - CA..................................................................HR 299
Marijuana production; court jurisdiction..........................................................................HB 22
Mentally retarded persons; responsibility.......................................................................HB 878
Minors engaging in sexual conduct; unlawful depictions.............................................HB 223

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2732

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Minors; viewing certain nude and sexual conduct; prohibitions...............................HB 1843 Misdemeanor-bail jumping; amend provisions.............................................................HB 1702 Misdemeanors; increase maximum fine ........................................................................HB 1257 Misdemeanors; punishment; amend provisions ..............................................................SB 429 Motor vehicles; fleeing or eluding an officer; penalty...................................................HB 360 Motor vehicles; registration application; false statement.............................................HB 161 Motor vehicles; transportation of animals; requirements.............................................HB 772 Motor vehicles; trespassing; penalty ..............................................................................HB 1592 Murder by vehicle; penalty .............................................................................................HB 1393 Offender tried as adult; age limit.....................................................................................HB 640 Promotional contests; deceptive practices ....................................................................HB 1370 Promotional giveaways or contests; amend provisions ..................................................SB 529 Public housing; false statements; penalty .....................................................................HB 1253 Public officials and employees; political activities ...............................................--SB 3 Retail sales; certain stores; requirements for safe operations......................................HB 524 Sale of body parts; fetus..........................................-......-.......----..----.----.------HB 1398 Seized property; disposition............................................................................................HB 1615 Sexual criminal conviction; furnish records to Georgia Bureau of Investigation ...............................................................................................HB 1429 Sexual exploitation of children; penalties.............................................................----HB 1226 Sexual exploitation of children; penalties.....................................................................HB 1356 Sexual offenses; age of consent...........................................................................................HB 41 Sexual offenses; age of consent.............................................................................................SB 5 Sexual offenses; AIDS testing; requirement .................................................................HB 1047 Sexual offenses; certain offenders; registration with sheriff ......................................HB 1346 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179 Sexual offenses; pandering; solicitation of a minor.....................................................HB 1221 Sexual offenses; repeal section relating to adultery ....................................................HB 1453 Sexual offenses; repeal section relating to fornication.................................----........HB 1452 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Shoplifting; property value; amend provisions ..............................................................HB 824 Simple assault or battery against elderly; penalty........................................................HB 100 State lottery; provide .........................................................................................................HB 204 State lottery; provide - CA..................................................................................................HR 54 State lottery; provide - CA.........................................................-.........-.------.............HR 698 Tattoos; persons under 18; certain prohibitions .............................................................SB 557 Telephone conversation; taping prohibitions .................................................................HB 550 Tobacco products; prohibit sales to minors....................................................................HB 139 Torts; civil process; malicious abuse................................................................................HB 745 Traffic offenses; certain accidents; penalty for leaving scene....................................HB 1263 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Trafficking in marijuana; weight provisions...................................................................HB 922 Use of force against intruder ..........................................................................................HB 1640 Weapons used in crime; retention....................................................................................HB 818 Weapons; disposition of seized property..........................................................................SB 614 Witnesses; influencing testimony; prohibitions............................................................HB 1577 Witness intimidation; define offense................................................................................SB 560 Workers' compensation benefits; injured employee; certain misconduct ...................SB 495
CRIMINAL PROCEDURE Aggravated child molestation; bail requirement............................................................HB 714 Appeal and pretrial review; death penalty; procedures.................................................SB 100 Arraignment date; notification .........................................................................................HB 117 Bail; amend certain provisions .........................................................................................HB 776 Bail jumping offense; redefine..........................................................................................HB 768 Bonds and recognizances; forfeiture ................................................................................HB 915 Bonds; pledge of property; spouse's consent..................................................................HB 470

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2733

CRIMINAL PROCEDURE (Continued) Certain firearms; contraband..........................................................................................HB 1254 Counties; reimbursement for capital felony expenses.................................................HB 1529 Courts; continuances; certain registered agents...........................................................HB 1161 Crime victims; certain assistance ......................................................................................SB 431 Crime victims; compensate - CA.......................................................................................SR 274 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Crime victims compensation; funding - CA ...................................................................HR 281 Crime victims; workers' compensation; assistance programs.......................................HB 791 Criminal Justice Coordinating Council; add member....................................................SB 430 Criminal records; purged from original agency...............................................................SB 373 Death penalty; mentally incompetent; prohibitions......................................................HB 878 Death penalty; murder committed during drug trafficking.........................................HB 249 Death penalty; offense against person under 17.............................................................SB 563 Death penalty; persons present at execution; amend provisions .................................SB 471 Death penalty; persons under 18; prohibitions ..............................................................HB 777 Death penalty; televise executions .....................................................................................HB 89 Evidence; prosecution for rape.......................................................................................HB 1568 Extradition; jurisdiction; magistrate courts.....................................................................SB 201 Family violence; amend provisions..................................................................................HB 871 Family violence; definitions; arrest provisions .............................................................HB 1407 Felony; crime of escape....................................................................................................HB 1448 Felony; offense of escape .................................................................................................HB 1593 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Indigent Defense Act; distribution of state funds..........................................................SB 548 Jails; prisoners pay certain fees; room and board.........................................................HB 848 Juries; certain felony cases; number impaneled...........................................................HB 1296 Juries; certain felony trials; peremptory challenges....................................................HB 1289 Juvenile proceedings; definition of child ........................................................................HB 870 Misdemeanor-bail jumping; amend provisions.............................................................HB 1702 Misdemeanors; increase maximum fine ........................................................................HB 1257 Misdemeanors; punishment; amend provisions ..............................................................SB 429 New trial; extension of time for filing transcript........................................................HB 1396 Offender tried as adult; age limit.....................................................................................HB 640 Prosecution barred after certain indictment................................................................HB 1330 Satisfaction of fines by community service .....................................................................SB 470 Scientific evidence; GBI report ..........................................................................................HB 47 Seized property; disposition............................................................................................HB 1615 Sexual offenses; AIDS testing; requirement.................................................................HB 1047 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Solicitation; penalty..........................................................................................................HB 1562 Trial without jury; consent of both parties.....................................................................SB 492 Weapons; disposition of seized property..........................................................................SB 614 Weapons used in crime; retention....................................................................................HB 818
CULLODEN, CITY OF; council members; election...................................................HB 1741
CUMMINGS, IRMA B.; commend .................................................................................HR 902
CURRY, JIMMY; commend ............................................................................................HR 834

D

DACULA, CITY OF; homestead exemption................................................................HB 1652 Refer to numerical index for page numbers

2734

INDEX

DALEY, CHARLES S.; condolences ...............................................................................HR 888
DALLAS, CITY OF; new charter...................................................................................HB 1236
DALTON, CITY OF Convey certain property to Whitfield CovaAy.............................................................tiB 1751 New charter .......................................................................................................................HB 1737 Restrictions on use of certain property; release.............................................................HR 653
DAMAGE TO PROPERTY Criminal trespass or damage to property; negligence ...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Damage by deer; permit to kill.......................................................,................................HB 392 Property Damage by Deer Study Committee; create ...................................................HR 124 Recovery .............................................................................................................................HB 1538
DANIEL, MARY; commend............................................................................................HR 1015
DARRISAW, REVEREND G. E.; commend ..............................................................HR 1055
DAVIS, HONORABLE JAMES R.; condolences........................................................HR 642
DAVIS, MRS. THELMA W.; commend ........................................................................HR 961
DAWSON COUNTY; Amicalola Falls; conveyance of property by United States Forest Service ............................................................................................HR 877
DAY CARE Adult day-care homes; licensmg.....................................................................................HB 1485 Day camp facility; regulation by Human Resources...................................................HB 1610 Day-care centers; employee record checks....................................................................HB 1216 Day-care centers; licensure; certain exemption..............................................................HB 608 Family day-care centers; space requirements..........,....................................................HB 1306 House After School Care Program Study Committee; create .......................................HR 14 Insurance; certain annual reports; requirement.............................................................HB 394
DEAL, MARY EMILY; commend...................................................................................HR 684
DEATH PENALTY Appeal and pretrial review; procedures ...........................................................................SB 100 Counties; reimbursement for capital felony expenses.................................................HB 1529 Death penalty; televise executions .....................................................................................HB 89 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Juries; certain felony trials; peremptory challenges....................................................HB 1289 Mentally incompetent; prohibitions.................................................................................HB 878 Murder committed during drug trafficking....................................................................HB 249 Offense against person under 17 .......................................................................................SB 563 Persons present at execution; amend provisions............................................................SB 471 Persons under 18; prohibitions.........................................................................................HB 777 Witnesses; delivery of certain prisoners; procedure ....................................................HB 1627
DEBTOR AND CREDITOR Commercial Code; disposition of collateral after default...........................................HB 1643 Contracts; certain commitments in writing ..................................................................HB 1536 Credit cards; finance charge..............................................................................................HB 145 Credit cards; finance charges ..........................................................................................HB 1772 Credit repair services organizations; regulation...........................................................HB 1233 Fair Business Practices; mortgage debt assistance; prohibitions.................................SB 648 Garnishment; hourly or weekly wages; continuing proceedings...................................SB 247 Garnishment; judgments; repeal certain requirements...............................................HB 1642 Georgia Farm Debt Mediation Act; enact ....................................................................HB 1591

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2735

DEBTOR AND CREDITOR (Continued) Industrial loans; license applicant; advertisement.........................................................HB 379 Retail Installment and Home Solicitation Sales; revolving accounts.........................HB 146 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131
DEEDS Foreclosure; certain real estate sales; notice ................................................................HB 1878 Mortgages; cancellation; recording procedures.............................................................HB 1649 Real estate transfer tax; housing surcharge..................................................................HB 1338 Residential property; lending requirements; survey....................................................HB 1868
DEKALB CHAMBER OF COMMERCE; commend.................................................HR 640
DEKALB COUNTY Board of commissioners; delete certain provisions......................................................HB 1042 Board of education; compensation; repeal Act ............................................................HB 1032 Chief executive office; voting power ..............................................................................HB 1842 Chief magistrate; compensation .....................................................................................HB 1734 Chief magistrate; election...................................................................................................SB 687 DeKalb County State Court; appointment of deputy clerks .....................................HB 1585 Homestead exemption; elderly or disabled...................................................................HB 1646 Homestead exemption; elderly or disabIed...................................................................HB 1721 Homestead Exemptions Study Commission; create ......................................................HR 928 Lenox Park Community Improvement District; create ..............................................HB 1688 Pension board; change membership ................................................................................HB 990 State court; judges' compensation..................................................................................HB 1584 Zoning procedures; amend.................................................................................................HB 910 Zoning proposal review; certain counties/municipalities..............................................HB 571
DEKALB TEENAGE PREGNANCY AND PARENTING PROJECT Commend .......................................................................................................................... HR 1029
DENTISTS AND DENTAL HYGIENISTS Dentistry; define practice ..................................................................................................HB 685 Dentures; certain markings..................................................................................................SB 98 License; appeal of contested case.....................................,.............................................HB 1456 State Examining Board; termination date....................................................................HB 1349 Torts; dental students; certain immunity .....................................................................HB 1549
DEVELOPMENT AUTHORITIES Ad valorem tax; municipal development authorities .....................................................SB 611 Downtown development authorities; contracts; authorization...................................HB 1502 Downtown development authorities; include certain facilities.....................................SB 577 Office building owned by charitable corporation ........................................................HB 1303
DICKERSON, MS. BILLIE BOB; commend ............................................................HR 1024
DINING, JOEY; commend .............................................................................................HR 1048
DISABLED PERSONS (See Handicapped Persons)
DISTRICT ATTORNEYS Controlled substances; deposit seized currency in interest-bearing account .................................................................................................SB 561 District attorneys emeritus; certain salary changes ....................................................HB 1155 Employees' Retirement; judges and district attorneys' secretaries; credit.................................................................................................................................HB 375 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service........................................................................................HB 993 Investigators; membership in Employees' Retirement System .....................................HB 24

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2736

INDEX

DISTRICT ATTORNEYS (Continued) Retirement; court officials; new system ..........................................................................HB 703 Retirement; years for vesting; credit...............................................................................HB 565
DIXON, SONNY; commend .............................................................................................HR 766
DODD, MARIE W.; commend..........................................................................................HR 740
DODGEN MIDDLE SCHOOL; commend....................................................................HR 900
DOGS Animal Protection Act; amend provisions ....................................................................HB 1150 Animal Protection Act; certain shelters; euthanasia...................................................HB 1029 Dangerous Dog Control Act; enact ................................................................................HB 1273 Death or injury to llamas or alpacas; liability of owner .............................................HB 1311 Fees for impounding.........................,..................................,..............................................HB 826
DOLE, HONORABLE ROBERT; invite to House......................................................HR 813
DOMAIN, ABE; commend ...............................................................................................HR 996
DOMESTIC RELATIONS Abortion; parental notification; signed statement..........................................................SB 621 Abortions and pregnancy counseling; informational booklets .....................................HB 694 Adoption; certain relatives; grandparents' visitation rights.......................................HB 1389 Adoption; provide information regarding birth parents..................................................SB 63 Adoption; waive certain requirement ..............................................................................HB 235 Aggravated child molestation; definition of offense....................................................HB 1354 Alcohol and drug courses; segment on consumption while pregnant .......................HB 1668 Alimony and child support; action by spouses............................................................HB 1704 Alimony and child support; amend provisions...............................................................HB 702 Alimony and child support; dependent child; definition............................................HB 1174 Alimony and child support; modification; jurisdiction - CA .......................................HR 842 Alimony and child support; withholding from wages ...................................................HB 860 Biological father; establish relationship with child.....................................................HB 1773 Child abuse; amend reporting provisions........................................................................HB 415 Child abuse; protection for employees reporting............................................................SB 665 Child abuse; reporting by certain persons....................................................................HB 1355 Child custody; age to select parent...................................................................................SB 612 Child custody; proceedings; define.................................................................................HB 1509 Child custody; removal of child from state; requirements.........................................HB 1177 Child custody; visitation rights; address requirement ................................................HB 1294 Child custody; visitation rights; residency requirements .............................................HB 964 Code of Georgia; references to illegitimate or bastard; amend.................................HB 1612 Common law marriage; validity........................................................................................HB 952 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Domestic violence; certain actions; penalty..................................................................HB 1400 Family violence; definitions; arrest provisions.............................................................HB 1407 Family violence; licensing shelters .................................................................................HB 1450 Family violence; magistrate court; temporary emergency relief................................HB 1291 Family violence; magistrate court; temporary protection orders ..............................HB 1290 Family violence; protective orders; enforcement.........................................................HB 1406 Family violence; verified petition; filing.......................................................................HB 1399 Georgia Police Academy; urge advanced training for domestic violence...................HR 744 Grandparents; visitation rights.......................................................................................HB 1434 Grandparents; visitation rights..........................................................................................SB 549 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 House Child Support Study Committee; create..........................................................HR 1006 Law enforcement; family violence training program; urge...........................................HR 633 Marriage and family therapy; law degree; fulfill license requirement .....................HB 1701

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INDEX

2737

DOMESTIC RELATIONS (Continued) Marriage license; AIDS testing; requirements ...............................................................HB 604 Sale of body parts; fetus..................................................................................................HB 1398 Sexual exploitation of children; penalties.....................................................................HB 1356 Superior court clerks; fees; certain reference ...............................................................HB 1635 Superior courts; jurisdiction; family violence cases - CA.............................................HR 575
DOUGHERTY COUNTY Contracts and purchases; approval; amount ................................................................HB 1853 Magistrate court; chief magistrate; designation.....................................................,.....HB 1726 Probate court; judge's salary...........................................................................................HB 1854 Probate court; judge's salary...........................................................................................HB 1883
DOUGLAS, CITY OF; homestead exemption; elderly ...............................................HB 1783
DOUGLAS COUNTY; Douglasville-Douglas County Water and Sewer Authority; expense allowance..........................................................................................HB 1703
DOUGLASVILLE, CITY OF; Douglasville-Douglas County Water and Sewer Authority; expense allowance..........................................................................................HB 1703
DRIVER'S LICENSE Alcohol and Drug Safety Course; license requirement ...............................................HB 1133 Certain convictions; notification within 10 days..........................................................HB 1467 Class 1 instruction permits; certain prohibitions.........................................................HB 1696 Deposit in lieu of bail; receipt ........................................................................................HB 1287 Driving while license revoked; felony ............................................................................HB 1337 Driving under the influence; chemical tests; amend provisions..................................HB 793 Driving under the influence; drivers' license reinstatement; requirements......................................................................................................................HB 50 Education; remove driver education courses for enrollment counts.........................HB 1728 Examiners; deputy registrars ............................................................................................HB 551 Examiners; deputy registrars .............................................................................................SB 365 False identification documents; penalty for manufacturing, selling, or distributing.....................................................................................................SB 511 False identification documents; unlawful to possess, manufacture, sell or distribute .......................................................................................HB 14 Habitual offender; probationary driver's license to attend certain meetings ............................................................................................................HB 1870 Invalid information; authorization to correct...............................................................HB 1334 Local law enforcement; driving records; dissemination................................................HB 405 Military; personal identification cards; issuance ...........................................................HB 680 Minimum age after certain convictions.........................................................................HB 1166 Motor vehicle insurance; restricted driving permits ...................................................HB 1570 Motor vehicles; persons attempting to elude police; penalty .......................................SB 150 Murder by vehicle; penalty .............................................................................................HB 1393 Suspension; notification; fees.............................................................................................SB 545 Suspension or revocation; failure to pay fine...............................................................HB 1023 Suspension; signed statement .........................................................................................HB 1258 Written exam; date requirement.......................................................................................SB 117
DRIVING UNDER THE INFLUENCE Alcoholic beverages; consumption while driving............................................................HB 635 Blood alcohol content; amend ........................................................................................HB 1660 Certain violations; specify acts in other jurisdictions.....................................................HB 37 Chemical tests; amend provisions ....................................................................................HB 793 Cruelty to children; certain pregnant females .............................................................HB 1380 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Driver's license reinstatement; requirements ...................................................................HB 50

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2738

INDEX

DRIVING UNDER THE INFLUENCE (Continued) Fines; prohibit installment payments..............................................................................HB 675 Implied consent; certain fatal accidents........................................................................HB 1412 Law enforcement officer; person giving false information; penalty.............................SB 585 Murder by vehicle; penalty .............................................................................................HB 1393 Persons attempting to elude police; penalty...................................................................SB 150 Probation; install ignition interlock device; certain conviction.................................HB 1919 Serious injury by vehicle; penalty ....................................................................................HB 796 Standards for chemical tests..............................................................................................SB 317
DRUGS AND DRUG DEPENDENCY AND ABUSE Advertising drug prices.......................................................................................................SB 397 Alcohol and drug abuse; allocate money for treatment programs - CA ......................HR 13 Alcohol and drug courses; segment on consumption while pregnant.......................HB 1668 Alcohol and Drug Safety Course; license requirement ...............................................HB 1133 Alcoholism and drug abuse; additional penalties; procedure.........................................HB 62 Cocaine and crack; trafficking; penalty............................................................................SB 209 Controlled substances; amend list..................................................................................HB 1388 Controlled substances and dangerous drugs; amend list..............................................HB 968 Controlled substances; distribution to minors; penalty ..................................................HB 96 Controlled substances; distribution to minors; penalty ................................................HB 103 Controlled substances; duplicate prescription................................................................HB 998 Controlled substances; forfeited property; use of funds..,..............................................HB 74 Controlled substances; forfeited property; use of proceeds .........................................HB 250 Controlled substances; imitations; unlawful distribution ...........................................HB 1203 Controlled substances; manufacture; amend provisions................................................SB 109 Controlled substances or marijuana; unlawful to be in room where being used.............................................................................................................HB 251 Controlled substances; trafficking; penalty ....................................................................HB 248 Controlled substances; violations; pardon and parole prohibitions - CA ..................HR 321 Cruelty to children; certain pregnant females .............................................................HB 1380 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Dangerous drugs; amend list...........................................................................................HB 1636 Death penalty; murder committed during drug trafficking.........................................HB 249 Driver's license; certain convictions; notification within 10 days .............................HB 1467 Driver's license; driving while license revoked; felony................................................HB 1337 Driver's license; minimum age after certain convictions............................................HB 1166 Driving under the influence; chemical tests; amend provisions ..................................HB 793 Driving under the influence; implied consent; certain fatal accidents.....................HB 1412 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Driving under the influence; standards for chemical tests ...........................................SB 317 Drug trafficking; penalty...................................................................................................HB 101 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Firearms; possession while under the influence; prohibitions ...................................HB 1255 Habitual offender; probationary driver's license to attend certain meetings ............................................................................................................HB 1870 Homelessness in Georgia Study Committee; create......................................................HR 214 Involuntary emergency treatment; authorization; certain persons ...........................HB 1498 Jails; certain items or conduct; penalty ........................................................................HB 1461 Mental health; child and adolescent screening program; requirements......................SB 641 Mentally ill persons; release of certain information; immunity ..................................HB 152 Murder by vehicle; penalty .............................................................................................HB 1393 Optometrists; prescribing pharmaceutical agents........................................................HB 1169 Post-mortem exam; certain deaths; blood analysis; drugs or alcohol.......................HB 1318 Probation; install ignition interlock device; certain conviction.................................HB 1919 Schools; certain courses; requirements............................................................................HB 472 Special Study Committee on Problems of Homeless; create.......................................HR 350 State Board of Pharmacy; increase fines ........................................................................HB 221

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2739

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Torts; limitations on punitive damages; certain drugs ..............................................HB 1408 Trafficking in marijuana; weight provisions...................................................................HB 922 Workers' compensation; injured while under influence of drugs..............................HB 1175
DUBLIN, CITY OF; public utilities; amend provisions.............................................HB 1300
DUBOIS, WILLIE D. O'KELLY; commend................................................................HR 819
DUDECK, CARLA;commend........................................................................................HR 1022
DUNCAN, FRANCES S.; speedy recovery ....................................................................HR 673
DUNDEE MILLS, INC., OF GRIFFIN, GEORGIA; recognize 100th anniversary........................................................................................................................... HR 791
DUNN, ELLE; congratulate on sixteenth birthday .......................................................HR 912
DUVALL, DR. TAL C.; invite to House ........................................................................HR 830

E
EASON, MICHAEL M.; commend ................................................................................HR 997
EAST CLAYTON ELEMENTARY SCHOOL; commend "Celebration of Writing"....................................................................................................HR 887
EAST COBB ASTROS AND COACH GUERRY BALDWIN; commend..........HR 713
EAVESDROPPING; telephone conversation; taping prohibitions.............................HB 550
ECONOMY Rural Economic Development Study Committee; create .............................................HR 329 South Africa; urge Congress to impose economic sanctions ......................................HR 1040
EDUCATION Ad valorem tax for education; reduction in county with special sales tax - CA.....................................................................................................HR 723 Ad valorem tax, school lunches; municipal development authorities, millage.......................................................................................................HB 1785 Administrative Expenses of Education Study Committee; create..............................HR 370 Age for enrollment............................................................................................................HB 1369 AIDS; urging an educational curriculum to encourage prevention.............................HR 810 Board of Postsecondary Vocational Education; designation .....................................HB 1508 Board of Postsecondary Vocational Education; nursing home assistants program ........................................................................................................HB 1003 Campus policemen; certification and training costs; requirement..............................HB 329 Certain personnel; career development.........................................................................HB 1553 College savings bond; General Assembly provide - CA................................................HR 697 College Tuition Prepayment Plan Study Committee; create ......................................HR 178 Commissioner of Education; appointment by State Board of Education - CA.........SR 270 Commissioner of Education; create office - CA.............................................................HR 550 Community education and development grants; provide program...........................HB 1488 Comprehensive evaluation of school systems..................................................................SB 588 Contracts with state agencies; certain exemption; nonprofit contractor .................HB 1618 County boards of education; meeting places; requirement ........................................HB 1422 County boards of education; members' per diem........................................................HB 1024
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2740

INDEX

EDUCATION (Continued) County boards of education; place of meetings ...........................................................HB 1313 County boards of education; single member district - CA.............................................HR 97 Criminal trespass; definition...........................................................................................HB 1057 Department of Education personnel; career development .........................................HB 1553 Development programs; stipends ...................................................................................HB 1539 Enrollment; eligibility ......................................................................................................HB 1522 Equalization grants; calculation .....................................................................................HB 1645 Equalization grants; restrictions.....................................................................................HB 1315 Equalized adjusted school property tax digest; establish...........................................HB 1269 Finance Subcommittee; urge study of teachers salary levels.......................................HR 718 Financial and Investment Commission; capital appreciation bonds; higher education............................................................................................................HB 1613 Georgia Educational Reinvestment Act for Aid to Families with Dependent Children; enact ............................................................................................SB 232 Georgia Education Trust; create ......................................................................................HB 315 Georgia State University Library; depository for certain records ...............................SR 301 Georgia Tech; urge expansion of student parking..........................,............................HR 1039 Handicapped children; special educational services; certain funds ..........................HB 1404 Hazing; prohibit................................................................................................................HB 1662 Health improvement program ..........................................................................................HB 794 Higher education; procedure for savings fund.............................................................HB 1756 Higher education; savings fund; provide method........................................................HB 1541 House After School Care Program Study Committee; create .......................................HR 14 House School System Size Study Committee; create ...................................................HR 829 Income tax; tuition payments; exemption ......................................................................HB 147 Interlocal risk management agencies; boards of education...........................................SB 438 Investments; loans guaranteed by United States Student Aid Funds.....................HB 1247 Jails; construction near schools; requirements................................................................SB 500 Libraries; board of trustees; membership .....................................................................HB 1397 Local boards of education; applicability of state rules...............................................HB 1271 Local boards of education; election .................................................................................HB 345 Local boards of education; qualifications ........................................................................SB 528 Local school systems; grants; calculation of allotments .............................................HB 1644 Local school systems; taxation; other sources of revenue - CA.....................................HR 81 Military scholarship; eligibility requirements ................................................................HB 174 Minors; employment during school hours.....................................................................HB 1445 Minors; school vacation months; employment .............................................................HB 1752 Need for Family Life Instruction in Public Schools Study Committee ....................HR 367 North Georgia College military scholarships; selection ................................................HB 401 Other sources of revenue for local school systems; provide - CA .................................HR 12 Paraprofessional Teacher Assistants and Education Secretaries Study Committee; create ...............................................................................................HR 780 Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee................................................................HR 580 Postsecondary vocational education; redesignation.....................................................HB 1403 Postsecondary vocational education; train nursing home assistants ..........................HR 843 Private Colleges and Universities Authority; proceeds of bonds; student loans ....................................................................................................................SB 371 Professional Practices Committee; create code of ethics ..............................................SR 298
Proprietary schools; certificates of authorization ..........................................................HB 905
Public school employees health insurance; payment by local school system .........................................................................................................HB 982
Quality Basic Education; annual funding calculation; full-time equivalency program count .........................................................................................HB 1716
Quality Basic Education; certain counseling services; urge review.............................HR 931
Quality Basic Education; fair share funds....................................................................HB 1152

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INDEX

2741

EDUCATION (Continued) Quality Basic Education; funds for guidance counselors ...........................................HB 1246 Quality Basic Education; library funding.....................................................................HB 1358 Remove driver education courses for enrollment counts............................................HB 1728 Retirement; certain personnel of Education Department..........................................HB 1071 Sales tax; increase 2% statewide - CA............................................................................HR 416 School bus drivers; minimum salary..............................................................................HB 1692 School buses; lights; requirement........................................................................................SB 90 School buses; recreational activities; authorization.....................................................HB 1011 School buses; speed limit; transportation to certain events ......................................HB 1443 School superintendents; appointment.............................................................................HB 737 School superintendents; appointment by board - CA ..................................................HR 227 School year; decrease number of days; certain circumstances...................................HB 1340 School year; increase number of days .............................................................................HB 262 School year; opening and closing day..............................................................................HB 951 School year; vary length ..................................................................................................HB 1276 Schools; capital outlay needs; population growth..........................................................HB 346 Schools; certain courses; requirements............................................................................HB 472 Schools; compulsory attendance; age for enrollment......................................................HB 39 Schools; review of textbooks.............................................................................................HB 494 Schools; sex education course; requirement.....................................................................HB 97 Security personnel; authorization to carry firearms....................................................HB 1353 Seed-Capital Fund; create - CA.......................................................................................HR 552 Sex education course; standards .......................................................................................SB 352 Special county sales tax; education purposes...............................................................HB 1608 Special 1% sales tax; education purposes.......................................................................HB 424 Special sales and use tax; education purposes; referendum - CA.................................HR 84 Special sales tax; county boards of education issue revenue bonds - CA..................HR 724 State Board of Education; membership; - CA...............................................................HR 665 State Board of Education; relative to .............................................................................HR 192 State Board of Postsecondary Vocational Education; name change to Department of Technical and Adult Education ......................................................HB 1779 State Employees Health Insurance; urge participation for retired teachers...............................................................................................................HR 898 State Medical Education Board; executive director; employment............................HB 1483 State School Superintendent; change title to Commissioner of Education; appointment ..............................................................................................HB 1424 State School Superintendent; reference change; Commissioner of Education ..................................................................................................................HB 1423 Supplementary appropriations; capital outlay funding ................................................HB 216 Teachers and public school employees; certain salary deductions; employee benefit.............................................................................................................HB 638 Teachers and public school employees; certain surviving spouses; health insurance..............................................................................................HB 757 Teachers and public school employees; flexible benefit plan....................................HB 1390 Teachers and public school employees; health insurance; discharge of debt...........................................................................................................HB 1491 Teachers; application for certification; fee...................................................................HB 1714 Teachers; grievance procedures; standards......................................................................SB 638 Teachers; health insurance; employer's contributions ................................................HB 1622 Teachers life certificates; continuing education courses...............................................HB 543 Teachers; sick leave; credit ...............................................................................................HB 423
Teachers; transfer employment; Central State Hospital; benefits............................HB 1774
Teachers; unused sick leave............................................................................................HB 1240
Textbook list; certain recommendation.........................................................................HB 1614
Transportation costs; distance requirements .................................................................HB 981
Tuition equalization grants; full-time student................................................................SB 424

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2742

INDEX

EDUCATION (Continued) University System; employees' salaries; charity deductions ......................................HB 1228 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create ................................HR 589 Vocational training; long-term care personnel ...............................................................HB 687 Voter registration; amend provisions................................................................................SB 508
EDWARDS, HALLIE WARD; congratulate.................................................................HR 782
EFFINGHAM COUNTY; board of commissioners; compensation ..........................HB 1725
EFFINGHAM COUNTY HIGH SCHOOL Academic decathlon team; commend ..............................................................................HR 993 Rebels football team; commend .......................................................................................HR 860
ELDERLY Adult day-care homes; licensing.....................................................................................HB 1485 Aggravated assault against elderly; penalty .....................................................................HB 98 Aggravated battery against elderly; penalty...................................................................HB 102 Alzheimer's Disease; placement of patients; urge study ...............................................HR 635 Assault against elderly; mandatory penalty .....................................................................HB 95 Estates; decedents in nursing homes; jurisdiction.............................................,.........HB 1386 Fire sprinklers; certain residences..................................................................................HB 1582 Fulton County; alternative tax deferral for the elderly.................................................SB 533 Guardianship; incapacitated adults; certain certificates.............................................HB 1557 Homestead exemption; income qualification..................................................................HB 778 House Nursing Home Industry Study Committee; create ...........................................HR 840 Housing; accessible to disabled or elderly person; urge construction ........................HR 721 Hunting and fishing licenses; nonresidents ..................................................................HB 1597 Income tax exemption; certain retirement income......................................................HB 1473 Joint Medicaid Study Committee; create .......................................................................HR 785 Joint Services for Aged Study Committee; create.........................................................HR 586 Joint Study Committee on Aging; create.........................................................................SR 360 Long-term care insurance policies; regulation..............................................................HB 1748 Nursing homes and intermediate care facilities; penalties for violations....................................................................................................................HB 665 Sales tax exemption; food for certain senior citizens centers....................................HB 1813 Senior Georgians' Day; designate February 11, 1988....................................................HR 779 Simple assault or battery against elderly; penalty ........................................................HB 100 Transportation Department; certain vehicles for nonprofit agencies; exemptions ......................................................................................................HR 841
ELECTIONS Absentee ballots; application; age requirement ..............................................................SB 407 Absentee ballots; change of address notification............................................................SB 402 Absentee ballots; time for registration.............................................................................SB 414 Assistance to elector; poll officer shall be present ........................................................HB 830 Campaign contributions; transfer to other candidates; amend provisions ................HB 650 Candidates; plurality of votes.............................................................................................HB 85 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Commissioner of Insurance; appointment by Governor ...............................................HB 735 Commissioner of Labor; appointment by Governor ......................................................HB 736 Deputy registrars; prohibit residency requirement .....................................................HB 1786 Driver's license examiners; deputy registrars .................................................................HB 551 Driver's license examiners; deputy registrars..................................................................SB 365 Electors; change of address; requirements.......................................................................SB 404 Ethics in Government Act; enact......................................................................................SB 564 Judicial officers; appointed to elective office - CA .......................................................HR 892 Municipal elections; nonjudicial offices; residency requirement..................................SB 408

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2743

ELECTIONS (Continued) Municipal elections; primaries; agent qualify on behalf of candidate ........................SB 615 Municipal elections; terms of officers elected in 1990; amend provisions .............................................................................................................SB 625 Political parties; distribution of qualifying fees...........................................................HB 1326 Public officials and candidates; financial disclosure; reporting date........................HB 1804 Recall elections; amend provisions relating to contributions ......................................HB 186 Unopposed candidates.......................................................................................................HB 626 Voter registration; amend provisions................................................................................SB 508 Voter registration; marriage license acceptable for identification ...............................SB 405 Zoning; certain campaign contributions; disclosure ......................................................HB 113
ELECTRICAL SERVICE Electric membership corporations; directors' duties; liability ......................................SB 536 Landlord and tenant; prohibit suspension of utilities...................................................SB 248 Property of electric utilities; state ad valorem tax........................................................HB 696 Property of electric utilities; state ad valorem tax - CA..............................................HR 221 Public Service Commission; operating costs; fee...........................................................HB 443 Public Utilities; rate increase; filing ................................................................................HB 427 Sales tax; exemption.............................................................................................................HB 91 State ad valorem tax; distribution - CA.........................................................................HR 167
EMANUEL COUNTY Board of education; composition and election.............................................................HB 1698 Board of elections; membership.....................................................................................HB 1718
EMERGENCIES AND EMERGENCY SERVICES Advanced emergency medical technician; definition .....................................................SB 573 Ambulance service; medical technician; requirement...................................................HB 177 Emergency medical services systems; support from certain funds ...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Emergency medical technician; change definition.......................................................HB 1190 Emergency medical technicians; utilize automatic defibrillators.................................SB 462 Emergency Telephone No. 911 Service; fees..................................................................HB 218 Emergency Telephone No. 911 Service; fees...................................................................SB 484 Farm accidents; include in certain emergency training................................................HR 930 Indemnification; emergency medical technicians ..........................................................HB 240 Local governments; public safety employees; mutual aid in emergencies ...............HB 1285 Local organizations; repeal state grants..........................................................................HB 404 Medical services; amend provisions..................................................................................SB 315
EMERSON, CITY OF; new charter...............................................................................HB 1686
EMINENT DOMAIN Auditor and special master; fees assessed as court costs...........................................HB 1545 Coal pipeline companies; authorization.........................................................................HB 1115 Highways; property acquisition; future purposes ...........................................................SB 118
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Child abuse; protection for employees reporting............................................................SB 665 Child labor; employment during vacation; regulations...............................................HB 1361 Counties; employment benefits; provide..........................................................................SB 102 Employment Security Administration Account; urge Congress to release funds....................................................................................................................HR 239 Employment security; false representation; penalty ......................................................SB 491 Employment security; income tax; setoff debt ...............................................................SB 490 Employment Security; part-time or temporary employees; eligibility .......................HB 555

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2744

INDEX

EMPLOYMENT (Continued) Employment Security; urge Congress to extend coverage to certain employees .........................................................................................................HR 1028 Exercise of certain rights; prohibit dismissal ...............................................................HB 1204 Fire hazards in workplace; notify firelighters .................................................................SB 137 Garnishment; hourly or weekly wages; continuing proceedings...................................SB 247 Income tax; certain corporations; job tax credits ........................................................HB 1648 Law enforcement; special and high-risk occupation ...................................................HB 1763 Minors; school hours........................................................................................................HB 1445 Minors; school vacation months .....................................................................................HB 1752 Pregnancy; payment of lost wages to expectant mother ...............................................SB 421 Torts; independent contractor; employer's liability.......................................................SB 207 Witnesses; influencing testimony; prohibitions............................................................HB 1577 Workers' compensation; benefits; residency requirements...........................................HB 414 Workers' compensation hearing; certain testimony; prohibit dismissal...................HB 1604 Workers' compensation; injured employee; job refusal ................................................HB 556 Workers' compensation; retaliatory dismissal..............................................................HB 1056 Workers' Compensation; witness at hearing; prohibit discharge ................................HB 413
ENERGY Biomass; sales tax exemption ...........................................................................................HB 575 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 Solid Waste-Energy Study Committee; create...............................................................HR 955
ENGINEERS AND LAND SURVEYORS Board of Engineers and Land Surveyors; continuation....................................,.........HB 1503 County surveyor; vacancies in office ................................................................................SB 409 Qualifications; amend application..................................................................................HB 1675 Residential property; lending requirements; survey....................................................HB 1868
ENGLAND, CHARLES W.; compensate .......................................................................HR 795
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Counties and municipalities; solid waste collection; regulation ...................................SB 531 Hazardous Waste Management Authority; liability .......................................................SB 597 Joint Study Committee on Handling and Disposal of Solid Waste; recreate .....................................................................................................HR 787 Low-Level Radioactive Waste Management Compact; withdrawal.............................SB 518 Mountain Protection Act; enact........................................................................................SB 393 Solid waste disposal sites; restrict permits......................................................................SB 453 Solid waste-Energy Study Committee; create................................................................HR 955 Solid Waste Management Act; amend.............................................................................SB 667
EQUAL RIGHTS Commission of Inquiry; create..........................................................................................HB 519 Environmental Facilities Authority; minority business participation......................HB 1309 Financial institutions; small minority business development....................................HB 1310 Housing; revise discrimination provisions.......................................................................HB 430 Native Americans; discrimination; urge Congressional delegation action .................HR 870 Small minority business development corporations; create..........................................SB 569
ESTATES Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Commissions paid to administrators or executors.............................,.........................HB 1251 Common law marriage; validity........................................................................................HB 952 Decedents in nursing homes; jurisdiction.....................................................................HB 1386 Executory trust; amend provisions................................................................................HB 1151

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2745

ESTATES (Continued) Income tax; estimated payments; fiduciaries ...............................................................HB 1418 Interest in property; amend provisions .........................................................................HB 1250 Inventories and returns; filing requirements..................................................................HB 598 Investments by executors ................................................................................................HB 1435 Nonresident executors; bond requirements....................................................................HB 599 Wills; property; spouse receive maximum marital deduction.......................................SB 255 Year's support; payment of taxes...................................................................................HB 1840
EVANS, HONORABLE DAVID C.; invite to House .................................................HR 722
EVIDENCE General Assembly committees; subpoena witnesses........................................................HB 40 Housing Authority; subpoena; failure to comply .........................................................HB 1249 Law enforcement officers; witness fees; amend provisions ........................................HB 1754 Offense against minor; spouse's testimony .....................................................................HB 181 Prosecution for rape.........................................................................................................HB 1568 Public Safety; certain records............................................................................................SB 562 Scientific evidence; GBI report ..........................................................................................HB 47 Seized property; disposition ............................................................................................HB 1615 State patrol officer; witness fees......................................................................................HB 659 Subpoenas; enforcement by attachment for contempt ...............................................HB 1292 Witnesses; delivery of certain prisoners; procedure ....................................................HB 1627 Witnesses; influencing testimony; prohibitions............................................................HB 1577 Witness intimidation; define offense................................................................................SB 560
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Beer and wine......................................................................................................................HB 758 Fulton County-City of Atlanta; hotel-motel tax..........................................................HB 1554 Motor fuel tax; imposition by county..............................................................................HB 518 Public revenue; local sales tax; amend provisions.......................................................HB 1500
EXECUTIONS AND JUDICIAL SALES Designation of property ...................................................................................................HB 1426 Judicial officers; unlawful to interfere with official duties ........................................HB 1479 Legal advertisements; printed in certain type .............................................................HB 1329 Public sales; time for holding ............................................................................................SB 158 Publish time of sale..........................................................................................................HB 1232 Redemption period; certain date....................................................................................HB 1674
EXECUTIVE COUNSEL TO GOVERNOR; communications......................Pages 1, 1709
EXTRADITION; magistrate courts; jurisdiction ............................................................SB 201

F

FAIRBURN, CITY OF; corporate Limits ....................................................................HB 1184
FAMILY (Also, see Domestic Relations) Aid to Families with Dependent Children; certain adopted children ...........................SB 19 Day-care centers; space requirements ...........................................................................HB 1306 Domestic violence; certain actions; penalty..................................................................HB 1400 Family and Children Services; county boards; nominations......................................HB 1189 Family violence; amend provisions ..................................................................................HB 871
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2746

INDEX

FAMILY (Also, see Domestic Relations) (Continued) Family violence; definitions; arrest provisions.............................................................HB 1407 Family violence; magistrate court; temporary emergency relief................................HB 1291 Family violence; magistrate court; temporary protection orders ..............................HB 1290 Family violence; protective orders; enforcement.........................................................HB 1406 Family violence shelters; licensing .................................................................................HB 1450 Family violence; urge law enforcement training program............................................HR 633 Family violence; verified petition; filing .......................................................................HB 1399 Georgia Police Academy; urge advanced training for domestic violence...................HR 744 Marriage and family therapy; law degree; fulfill license requirement .....................HB 1701 Need for Family Life Instruction in Public Schools Study Committee ....................HR 367 Professional counselors; licensure ....................................................................................HB 600 Professional counselors, social workers, and marriage and family therapists; privileged communications........................................................................HB 393 State employees; certain foster parents; liability.........................................................HB 1546 Schools; certain courses; requirements............................................................................HB 472 Superior courts; jurisdiction; family violence cases - CA.............................................HR 575
FANNIN COUNTY Board of registrations and elections; clerical help.......................................................HB 1898 Chief magistrate; election...................................................................................................SB 682 Probate court; judge's election ..........................................................................................SB 677
FARMS AND FARM PRODUCTS Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; preferential assessment; date of application......................................SB 211 Agricultural commodities; assessment; out-of-state products....................................HB 1265 Atlanta Market for Georgia Farm Products Authority; create .................................HB 1849 Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to certain property; permit to kill......................................................HB 392 Deer farms; requirements ................................................................................................HB 1667 Emerging Crops Fund Act; enact...................................................................................HB 1690 Emerging crops loan fund; create - CA...........................................................................HR 781 Export Finance Fund; create - CA ..................................................................................HR 659 Farm accidents; include in certain emergency training................................................HR 930 Farm wineries; Sunday sales; certain hours .................................................................HB 1558 Georgia Farm Bureau Day; proclaiming February 10, 1988........................................HR 760 Georgia Farm Debt Mediation Act; enact ....................................................................HB 1591 Grain dealers; certain documents; investigations ...........................................................SB 440 Groundwaters; permits for farm use................................................................................HB 137 House Agricultural Assistance Study Committee; create.............................................HR 815 Nuisances; treatment of agriculture operations; amend provisions.............................SB 570 Pesticide contamination cases; liability.........................................................................HB 1518 Rural Development; create office in Department of Community Affairs................HB 1260 Sales tax; certain exemption .............................................................................................HB 374 Sales tax; heating fuel for swine structure; exemption...............................................HB 1314 Tax Reform Act of 1986; costs to farmers; urge amendment to United States Constitution ...........................................................................................HR 897 Water resources; permits .................................................................................................HB 1543 Workers' compensation; employees of Department of Corrections.............................SB 473
FARMS, MARVIN DEVANE; commend ....................................................................HR 914
FAYETTEVILLE, CITY OF; corporate limits ...........................................................HB 1866
FEDERAL GOVERNMENT Amicalola Falls; conveyance of property by United States Forest Service...............HR 877 Balanced budget; urge amendment to United States Constitution............................HR 419 Balanced budget; urge Constitutional Convention........................................................HR 169

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2747

FEDERAL GOVERNMENT (Continued) Congress; members' compensation; ratify amendment to the United States Constitution ...........................................................................................HR 282 Conservation and protection of water supply; urge Congressional action.................HR 954 Employment Security Administration Account; urge Congress to release funds...............................................................................................................HR 239 Employment Security; urge Congress to extend coverage to certain employees .........................................................................................................HR 1028 Interagency Committee; urge action on Georgia tobacco.............................................HR 761 J. Strom Thurmond Lake; redesignate as Clarks Hill Lake; urge Congress.............HR 821 J. Strom Thurmond Lake; water conservation purposes; urge designation by Congress................................................................................................HR 904 Military retirement and disability benefits; express support for pending Congressional resolution ..........................................................................HR 978 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Motor fuel tax; refunds......................................................................................................HB 420 Motor fuel tax; urge Congress to take certain action ...................................................HR 661 Native Americans; discrimination; urge Congressional delegation action .................HR 870 Prisoners of War; urge Congress secure return..............................................................HR 632 Property; certain liens; filing requirements....................................................................HB 713 Retirement income; exemption.........................................................................................HB 299 South Africa; urge Congress to impose economic sanctions ......................................HR 1040 Tax laws on certain nongasoline fuels; urge Congressional amendment ...................HR 570 Tax Reform Act of 1986; costs to farmers; urge amendment to United States Constitution ...........................................................................................HR 897
FIDUCIARIES Estates; investments by executors .................................................................................HB 1435 Income tax; estimated payments....................................................................................HB 1418 Trust companies; awaiting investment or distribution of funds...............................HB 1162
FINANCIAL INSTITUTIONS Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; form of notice; issuance.............................................................................HB 1392 Bad checks; party initially receiving; prosecution..........................................................SB 556 Check-cashing establishments; limit percentage fee charge.......................................HB 1897 Contracts; certain commitments in writing..................................................................HB 1536 Controlled substances; deposit seized currency in interest-bearing account .................................................................................................SB 561 Credit cards; finance charge..............................................................................................HB 145 Credit cards; finance charges ..........................................................................................HB 1772 Finance Department; notice requirement.......................................................................HB 283 Higher education; savings fund; provide method........................................................HB 1541 Investment advisory business; regulate.........................................................................HB 1566 Investment of state funds in South African institutions..............................................HB 336 Mortgage brokers; licensing...............................................................................................HB 979 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Residential property; lending requirements; survey....................................................HB 1868 Residential property; lending requirements; termite inspection ...............................HB 1869 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131 Small minority business development...........................................................................HB 1310 Small minority business development corporations; create..........................................SB 569 State and local taxation.....................................................................................................HB 642
FINE, S. MARK; compensate..............................................................................................HR 28
FIRE PROTECTION Blasting; interstate natural gas pipelines; certain exemptions....................................HB 442

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2748

INDEX

FIRE PROTECTION (Continued) Burning of woods, lands, marshes; permit........................................................................HB 34 Counties and municipalities; electronic security systems; installation prohibitions..................................................................................................SB 630 Counties; levy fees for services .......................................................................................HB 1463 Distress merchandise sales, fire sales, and going out of business sales; regulation.............................................................................................................HB 1875 Employers; fire hazards in workplace; notify firefighters .............................................SB 137 False or facsimile bombs; prohibitions............................................................................HB 601 Fire extinguishers and systems; regulation.......................,...........................................HB 1368 Firefighter; official duties; prohibit obstruction ..........................................................HB 1436 Firemen's Pension Fund; increase benefits ....................................................................HB 356 Firemen's Pension Fund; private companies; eligibility ...............................................HB 504 Fire safety inspection warrants; requirements .............................................................HB 1116 Fireworks; application for permit.......................................................................................HB 54 Pressure vessels; storage of propane gas; certain exemption .....................................HB 1576 Smoke detector requirement; certain buildings .............................................................HB 311 Sprinklers; certain senior citizens' residences..............................................................HB 1582
FIREARMS Aggravated battery; intentionally causing physical harm to another.......................HB 1256 Contraband ........................................................................................................................HB 1254 Discharging near highways; amend provisions................................................................SB 401 Discharging within certain areas; penalty.......................................................................HB 752 First offenders; certain convictions; exclude from weapons prohibitions ...................SB 651 Lost license; requirements for new permit .....................................................................HB 612 Off-duty peace officers; possession ...................................................................................SB 586 Possession while under the influence; prohibitions.....................................................HB 1255 Prohibit sales of certain toys............................................................................................HB 523 Purchases, trades or exchanges; dealers to report.......................................................HB 1394 Schools; security personnel; authorization to carry.....................................................HB 1353 Weapons; disposition of seized property..........................................................................SB 614 Weapons used in crime; retention....................................................................................HB 818
FIRST AFRICAN BAPTIST CHURCH OF BRUNSWICK; commend...........HR 1054
FISH AND FISHING (Also, see Game and Fish) American shad or Hickory shad; limits.........................................................................HB 1611 Commercial fishing violations; bond and penalty .........................................................HB 912 Creel limits; repeal certain provision.............................................................................HB 1460 Game and Fish Code; amend provisions.............................................................................HB 7 House Artificial Reef Study Committee; create ............................................................HR 410 Licenses; nonresidents; elderly .......................................................................................HB 1597 Licenses; reciprocity with adjoining states; blind persons .........................................HB 1244 Oysters and clams; repeal mandatory closed seasons .................................................HB 1794 Sport trotlines; certain areas...........................................................................................HB 1446 Taking non-game fish with bow and arrow ..................................................................HB 1139 Urge multipurpose license.................................................................................................HR 820
FLAGS Prisoner of war and missing in action flag; urging display..........................................HR 977 State flag; change design and description.......................................................................HB 883
FLETCHER, JAN; commend............................................................................................HR 683
FLOTILLA 25, SECOND DIVISION, SEVENTH DISTRICT, UNITED STATES COAST GUARD AUXILIARY; commend.........................HR 672
FLOYD COUNTY; homestead exemption; elderly; income limits; amend..............HB 1904

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2749

FLOYD, JAMES H. "SLOPPY"; place bust in the Floyd Building.........................HR 631
FOLKSTON, CITY OF; municipal court; jurisdiction and powers..........................HB 1818
FOOD Ad valorem tax; school lunches; municipal development authorities.......................HB 1785 Degradable containers; fast food sales ..........................................................................HB 1699 Food service establishments; health testing of employees...........................................HB 831 Georgia Dairy Act; amend..................................................................................................SB 642 "Good Eating in Georgia" menu; relative to...................................................................SR 276 Labeling of beef; amend provisions.................................................................................HB 306 Sales tax exemption..............................................................................................................HB 42 Sales tax; exemption.............................................................................................................HB 90 Sales tax; exemption.............................................................................................................HB 91 Sales tax exemption; certain senior citizens' centers..................................................HB 1813
FORD, CORNELIUS; condolences .................................................................................HR 919
FORD, GEORGE, JR.; commend.....................................................................................HR 952
FORECLOSURE Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Cooperative sales process ..................................................................................................HB 646 Notice; certain real estate sales......................................................................................HB 1878
FOREIGN GOVERNMENTS Export Finance Fund; create - CA..................................................................................HR 659 Georgia tobacco; urging Japan Tobacco, Inc., to purchase..........................................HR 979 House Foreign Language Study Committee; create......................................................HR 418 Investment of state funds in South African institutions..............................................HB 336 Motor fuel tax; refunds......................................................................................................HB 420 Prisoners of War; urge Congress secure return..............................................................HR 632 South Africa; urge Congress to impose economic sanctions......................................HR 1040 Tobacco export to South Korea; relative to....................................................................SR 423
FOREST HAYS, JR. Correctional Institution; designate...................................................................................HR 620 Express tribute..................................................................................................................HR 1003 Memorial Highway; designate...........................................................................................HR 831
FOREST PARK, CITY OF; new charter .....................................................................HB 1811
FORESTS AND PLANT RESOURCES Burning of woods, lands, marshes; permit........................................................................HB 34 Foresters, State Board of Registration; appointment....................................................SB 550 Highways; securing loads of pulpwood or logs.............................................................HB 1665 Private motor carrier; vehicle transporting forest products ........................................HB 859
FORSYTH COUNTY Board of commissioners; chairman's compensation; expense allowance..................HB 1890 Civil Service System; establish.......................................................................................HB 1188 Commission of Inquiry; create..........................................................................................HB 519 State court; jurisdiction; qualifications of judge and solicitor...................................HB 1801
4-H CLUBS OF GEORGIA; commend..........................................................................HR 694
FOWLER, ROBERT D.; commend..................................................................................HR 734
FRANKLIN, CITY OF; new charter.............................................................................HB 1902
FRAUD Fraudulent purchasing of residential property; prohibit..............................................SB 647 Public assistance; Human Resources, Department of; subpoena power....................HB 384

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2750

INDEX

FUEL (See Gas, Gasoline and Gas Service)
FULTON COUNTY Ad valorem tax exemption; elderly or disabled...........................................................HB 1511 Alternative tax deferral for the elderly............................................................................SB 533 Appropriation for charitable contributions; repeal certain Section..........................HB 1777 Appropriation for charitable contributions; repeal population classification..................................................................................................................HB 1776 Board of commissioners; certain disclosure..................................................................HB 1372 Board of education; election.............................................................................................HB 544 Board of education; retirement system; military credit...............................................HB 705 Board of health; benefits...-.................................--......--..-.....--........-...-.----SB 532 Board of registrars; prohibitions....................................................................................HB 1601 Board of registration and elections; duties...................................................................HB 1600 Bond elections; certain date......................................................................................--...HB 1218 Charitable contributions; grants.....................................................................................HB 1679 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Employees' Retirement System; board of health; membership .....................................SB 87 Georgia-Florida football game; urge change in site......................................................--HR 30 Homestead exemption; elderly .........................................................................................HB 114 Hotel-motel tax..........-......--....-.........-................................-.....-..........-...----.HB 1554 Jury clerks; appointment....................................................................................................SB 602 Library board of trustees; membership.........................................................................HB 1780 Medical examiner; powers ..................................................................................................SB 655 Merit system; disciplinary actions .................................................................................HB 1089 Motor vehicle registration.................................................................................................HB 409 North Fulton County Incorporation Study Commission; create...................................HR 83 Purchasing procedure..................................................--.....................................................SB 204 State and magistrate courts; special fund .......................................................................SB 253 Tax execution and sales; advertisement; requirement.........................................--....HB 1074 Teachers Retirement; membership; certain county employees ...................................HB 704 Zoning proposal review; certain counties and municipalities ......................................HB 571
FUNERAL DIRECTORS Burial places; markers and monuments; requirements--..............................................HB 950 Funeral Procession Act; enact.......................................................................................... HB 437

G

GAINESVILLE AREA PARK COMMISSION; change name to Chicopee Woods Area Park Commission...........................,........................--...............HB 1784
GAMBLING House Pari-mutuel and Lottery Wagering Study Committee; create..--...................HR 973 Lotteries; delete prohibition provision - CA..................................................................HR 299 State lottery; provide..................................................................-...-.-----..----.----..HB 204 State lottery; provide - CA....................................................................----.-..----..........HR 54 State lottery; provide - CA................................,.................................------------.........HR 698 State Racing Commission; create; regulate pari-mutuel racetracks.............................HB 60
GAME AND FISH Alligators; hunting regulations ..........................................................................................SB 594 Amend code...........................................................................................-..----......................HB 7 American shad or Hickory shad; limits..........................................------------------HB 1611 Commercial fishing violations; bond and penalty ................................................,.----HB 912
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2751

GAME AND FISH (Continued) Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to certain property; permit to kill......................................................HB 392 Deer farms; requirements................................................................................................HB 1667 Deer; number killed in a season; Natural Resources make annual report ..............HB 1694 Firearms; discharging within certain areas; penalty......................................................HB 752 First offenders; certain convictions; exclude from weapons prohibitions...................SB 651 Fish; creel limits; repeal certain provision....................................................................HB 1460 Fishing licenses; reciprocity with adjoining states; blind persons.............................HB 1244 Fishing; sport trotlines; certain areas............................................................................HB 1446 Fishing; taking non-game fish with bow and arrow ....................................................HB 1139 House Artificial Reef Study Committee; create ............................................................HR 410 Hunter education course; certification............................................................................HB 489 Hunting and fishing licenses; nonresidents; elderly ....................................................HB 1597 Hunting and fishing; urge multipurpose license............................................................HR 820 Hunting; antlerless or either-sex deer; amend provisions..........................................HB 1506 Hunting; antlerless or either-sex deer; certain counties .............................................HB 1440 Hunting; bag limit for deer; amend provisions...............................................................SB 551 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Hunting; either-sex or antlerless deer; bag limit.........................................................HB 1008 Hunting; increase bag limit for deer to five.................................................................HB 1441 Hunting licenses; waterfowl; reciprocity with South Carolina ....................................HR 742 Hunting; stands by person other than landowner; prohibitions .................................HB 771 Misdemeanor violations; probate courts jurisdiction ..................................................HB 1647 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149 Oysters and clams; repeal mandatory closed seasons .................................................HB 1794
GANN, STAN; commend..................................................................................................HR 1009
GARDNER, JUANITA H.; commend............................................................................HR 564
GARFUNKEL, BENJAMIN M.; condolences..............................................................HR 975
GARNISHMENT Family support....................................................................................................................HB 230 Hourly or weekly wages; continuing proceedings ...........................................................SB 247 Judgments; repeal certain requirements.......................................................................HB 1642
GAS, GASOLINE AND GAS SERVICE Blasting; interstate natural gas pipelines; certain exemptions....................................HB 442 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Landlord and tenant; prohibit suspension of utilities...................................................SB 248 Motor fuel; retail sales; sign requirement.......................................................................HB 438 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Municipal Gas Authority; retirement and employee benefits ...................................HB 1512 Pressure vessels; storage; certain exemption ................................................................HB 1576 Public Service Commission; operating costs; fees .........................................................HB 443 Rate increase; filing............................................................................................................HB 427 Retail sales; certain stores; requirements for safe operations......................................HB 524 Sales tax; exempt propane gas used for certain agricultural purposes....................HB 1673 Sales tax; heating fuel for swine structure; exemption...............................................HB 1314 Self-service station; cost for dispensing to handicapped persons...............................HB 385 Underground storage tanks; regulations .......................................................................HB 1851
GAY, MS. QUEEN ESTER; compensate .....................................................................HR 658
GENERAL ASSEMBLY Adjourn 1/15/88; reconvene 1/25/88.................................................................................SR 260 Adjourn 2/12/88; reconvene 2/15/88 ................................................................................HR 797

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2752

INDEX

GENERAL ASSEMBLY (Continued) Adjourn 2/19/88, reconvene 2/22/88; adjourn 2/26/88, reconvene 2/29/88; adjourn 3/4/88, reconvene 3/7/88................................................SR 406 Adjourn sine die...................................................................................................................SR 509 Adjourn sine die; amend SR 406.......................................................................................SR 501 Apportionment; House Districts 118 and 137; composition.......................................HB 1482 Apportionment; Senate Districts 15 and 16....................................................................SB 582 Budget Act; define appropriation ..................................................................................HB 1001 Committees; subpoena witnesses........................................................................................HB 40 Compensation; method of determination - CA...............................................................SR 323 Corrections, Department of; new confinement facilities; notice................................HB 1689 Crop damage by deer; payment of claims.......................................................................HB 564 Fiscal affairs subcommittee; approval of certain leases..............................................HB 1535 Fiscal notes; explanation of impact of bill; requirement............................................HB 1802 General Appropriations; FY 1988-89.............................................................................HB 1277 Georgia State University Library; depository for certain records ...............................SR 301 House messenger and doorkeeper; appointment by Speaker ......................................HB 506 Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Joint Session; address by Governor.................................................................................Page 72 Joint Session; Chief Justice of Supreme Court message ..............................................HR 545 Joint Session; Governor's message...................................................................................HR 543 Joint Session; Governor's message; invite Justices and Judges ..................................HR 544 Legislative Counsel; compilation of General Assembly acts......................................HB 1223 Legislative Retirement; creditable service ......................................................................HB 106 Legislative Retirement; creditable service allowance ....................................................HB 242 Lieutenant Governor and Speaker; salary....................................................................HB 1195 Lobbyists; certain written authorization..........................................................................SB 345 Local governments; effective date of act increasing expenditure - CA......................HR 748 Members' allowances............................................................................................................HB 49 Members; expenses.............................................................................................................HB 500 Members; mileage rate.......................................................................................................HB 473 Members; practice of law...................................................................................................HB 369 Members; term of office - CA................................................................................................SR 7 Notify the Governor the General Assembly has convened ..........................................HR 540 Notify the Senate the House of Representatives has convened..................................HR 539 Open meetings; amend provisions.....................................................................................SB 394 Population bills; definition..............................................................................................HB 1872 Public officials; method of determination of compensation .........................................SB 553 Public property; General Assembly approval of certain sales...................................HB 1365 Revenue bills; originate in either House of General Assembly - CA ..............................SR 6 Service on certain committees, commissions or advisory boards; reimbursement...............................................................................................................HB 1196 Supplementary appropriations; capital outlay funding; education.............................HB 216 Supplementary appropriations; FY 1986-87...................................................................HB 217 Supplementary appropriations; FY 1987-88.................................................................HB 1183 Supplementary appropriations; FY 1987-88.................................................................HB 1267 Supplementary appropriations; vote required - CA......................................................HR 217
GEORGE T. BAGBY STATE PARK; naming............................................................HR 696
GEORGIA AIR NATIONAL GUARD IN ATLANTA Commend Headquarters ................................................................................................... HR 826
GEORGIA AMATEUR ATHLETICS FOUNDATION; commend ......................HR 750
GEORGIA ASSOCIATION OF NURSE ANESTHETISTS; recognize..............HR 910
GEORGIA BUREAU OF INVESTIGATION (GBI) Abandoned motor vehicles; notification...........................................................................SB 442

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2753

GEORGIA BUREAU OF INVESTIGATION (GBI) (Continued) Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director ..................................................................................HB 602 Scientific evidence; report...................................................................................................HB 47 Sex crime conviction; furnish records............................................................................HB 1429
GEORGIA CHAPTER OF THE NATIONAL NEUROFIBROMATOSIS FOUNDATION; commend......................................HR 1034
GEORGIA CHRISTIAN SCHOOL GENERALS BASKETBALL TEAM; commend.............................................................................. HR 974
GEORGIA CITIZENS FOR THE ARTS; commend .................................................HR 636
GEORGIA FARM BUREAU DAY; proclaiming February 10, 1988 .......................HR 760
GEORGIA FRATERNAL ORDER OF POLICE; commend...................................HR 774
GEORGIA PARENTS TEACHERS ASSOCIATION; commend .........................HR 753
GEORGIA PUBLIC SAFETY MEMORIAL; encourage support ........................HR 1021
GEORGIA PUBLIC TELEVISION AND ARRIVE ALIVE GEORGIA; commend.......................................................................................................HR 789
GEORGIA RECREATION AND PARK SOCIETY; commend ............................HR 669
GEORGIA RESERVOIR PROJECTS; recognize benefits........................................HR 825
GEORGIA STATE UNIVERSITY COLLEGE OF LAW MOOT COURT TEAM; invite to House ....................................................................HR 726
GEORGIA VETERANS DAY PARADE ASSOCIATION; commend .................SR 354
GERRING, JOHN A.; commend ....................................................................................HR 1005
GIBSON, DONNIE H.; compensate ...............................................................................HR 290
GILMER COUNTY Board of commissioners; create.........................................................................................SB 678 Board of education; election ..............................................................................................SB 679 School superintendent; election.........................................................................................SB 688
GINGRICH, HONORABLE NEWT; invite to House ................................................HR 926
GIRL SCOUTS; commend Gold Award honorees..........................................................HR 651
GLYNN COUNTY Brunswick and Glynn County; municipal port and terminal facilities; extend - CA ....................................................................................................HB 511 Brunswick and Glynn County; sewage system; extend - CA.......................................HB 510
GOBER, JOSEPH CLEVELAND; commend..............................................................HR 861
GODFREY, JAMES W., SR.; condolences....................................................................HR 556
GOOSEY, R. KIRBY; invite to House............................................................................HR 727
GOLDSTEIN, DR. MARVIN C.; commend .................................................................HR 806
"GOOD EATING IN GEORGIA" Menu.....................................................................................................................................HR 738 Menu .................................................................................................................................HR 764 Menu ..................................................................................................................................SR 276
GORDON, CITY OF; new charter .................................................................................HB 1835

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INDEX

GORDON COUNTY Board of registrations and elections; provide..................................................................SB 676 Convey property..................................................................................................................SR 367 Convey property to Clifford W. Smith ...........................................................................HR 585 Leasing state owned property...........................................................................................HR 702 Superior court clerk; probate court judge; salary...........................................................SB 683
GORE, HONORABLE ALBERT, JR.; invite and welcome to House.....................HR 700
GOVERNOR Address Joint Session........................................................................................................Page 72 Commissioner of Agriculture; appointment....................................................................HB 738 Commissioner of Insurance; appointment......................................................................HB 735 Commissioner of Labor; appointment.............................................................................HB 736 Communications...........................................................................Pages 2, 4, 5, 8, 10, 13, 16, 18 Governor's Growth Strategies Commission; recognize impact of veterans................HR 790 Joint Session; Governor's message...................................................................................HR 543 Joint Session; Governor's message; invite Justices and Judges ..................................HR 544 Litter control; urge enforcement of laws.........................................................................HR 634 Notify the Governor the General Assembly has convened ..........................................HR 540 Successive terms; prohibit - CA.......................................................................................HR 786
GOVERNOR'S GROWTH STRATEGIES COMMISSION; recognize impact of veterans .............................................................................................................HR 790
GRANTS Community Affairs; grants to counties and municipalities........................................HB 1036 Community education and development grants; provide program...........................HB 1488 Education; equalization grants; calculation ..................................................................HB 1645 Education; equalization grants; restrictions .................................................................HB 1315 Local school systems; calculation of allotments...........................................................HB 1644 Private colleges; tuition equalization grants; full-time student ...................................SB 424 Soil and Water Conservation Committee; certain contracts; grants ........................HB 1401
GREENBLATT, DR. ROBERT B.; condolences.........................................................HR 676
GREENE, HONORABLE GERALD E.; commend ..................................................HR 1027
GREER, HONORABLE JOHN WESLEY; commend.............................................HR 1008
GRIFFIN, CITY OF Griffin-Spalding County Anti-Drug Commission; powers and jurisdiction.............HB 1916 Griffin-Spalding County Development Authority; powers and duties.....................HB 1913
GRIFFIN HIGH SCHOOL "BEARS" BASKETBALL TEAM; commend......HR 1042
GRIFFIN JUDICIAL CIRCUIT; add judge.................................................................SB 258
GRIFFITH, JOE DON; commend.................................................................................HR 1032
GRUBBS, ROBERT R. Commend.............................................................................................................................HR 717 Invite to House ...................................................................................................................HR 839
GUARDIAN AND WARD Guardianships; probate judge; custodian of certain funds...........................................HB 586 Guardians or trustees; commissions...............................................................................HB 1163 Hearings; compensation; certain attorneys.....................................................................HB 371 Incapacitated adults; certain certificates ......................................................................HB 1557 Posting bond........................................................................................................................HB 669
GWINNETT COUNTY Board of commissioners; create ......................................................................................HB 1815

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2755

GWINNETT COUNTY (Continued) Board of education; election ...........................................................................................HB 1762 Board of elections; repeal Act creating.........................................................................HB 1102 Board of registrations and elections; provide.................................................................HB 995 Citizens' Planning Task Force; urge Board of Commissioners to create...................HR 592 Coroner's office; abolish; medical examiner; establish office .....................................HB 1795 Homestead exemption......................................................................................................HB 1504 Homestead exemption; ad valorem tax.........................................................................HB 1505 Homestead exemption; elderly or disabled...................................................................HB 1617 Magistrate court; law library fees.....................................................................................SB 590 Medical examiner; establish office.................................................................................HB 1599
GWINNETT JUDICIAL CIRCUIT; add judge.............................................................SB 32

H
HABEAS CORPUS Habeas corpus; death sentence challenge; transfer..........................................................SB 99 Judicial circuits; habeas corpus clerks; requirements....................................................SB 388 Tax executions; advertisement; requirement................................................................HB 1074
HABERSHAM COUNTY Motor vehicles; designated registration.........................................................................HB 1739 Probate court judge; serve as chief magistrate............................................................HB 1602
HALL, COACH WILLIAM; commend...........................................................................HR 558
HALL COUNTY Board of commissioners; members; election.................................................................HB 1165 Board of education; election...........................................................................................HB 1164
HAM, KENNETH W.; compensate .................................................................................HR 268
HAMMOCK, DAVID; commend......................................................................................HR 864
HAMRICK, HONORABLE WILLIAM EARL; invite to House............................HR 929
HANCOCK COUNTY; deputy sheriffs; personnel ..........................................................SB 93
HANDICAPPED PERSONS Advisory Commission on Programs for the Blind; create .............................................SB 318 Advisory Commission on Programs for the Hearing Impaired; create .......................SB 593 Blind persons; operate vending machines in certain areas..........................................HB 151 Child placement agencies; special needs children; payments ....................................HB 1363 Cosmetologists; services outside salon.............................................................................HB 487 Fishing licenses; reciprocity with adjoining states; blind persons.............................HB 1244 Guardianship; incapacitated adults; certain certificates.............................................HB 1557 Handicapped parking; penalty for violation.................................................................HB 1876 Housing; accessible to disabled or elderly person; urge construction........................HR 721 Income tax exemption; certain retirement income......................................................HB 1473 Juries; hearing impaired persons serve as jurors............................................................SB 513 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291 Parking; change color of permits ......................................................................................SB 574 Parking; enforcement; appointment of certain persons..............................................HB 1475 Parking; renovation of facility; certain spaces ................................................................SB 608 Parking; signs or markings; designation requirements .................................................HB 911
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2756

INDEX

HANDICAPPED PERSONS (Continued) Personal Attendant Care Program for Disabled Adults Act; enact..........................HB 1217 Sales tax exemption; wheelchairs, orthopedic devices, prostheses................................HB 59 Self-service gas station; cost for dispensing ...................................................................HB 385 Special educational services; certain funds...................................................................HB 1404 Transportation Department; certain vehicles for nonprofit agencies; exemptions......................................................................................................HR 841
HAPEVILLE, CITY OF; ad valorem tax; homestead exemption ...............................SB 653
HARBIN, DREW; commend ...........................................................................................HR 1033
HARDEN, GREG; compensate ........................................................................................HR 573
HARDIGREE, DONALD; commend .............................................................................HR 610
HARDIGREE, HOLLY; commend...................................................-..............................HR 691
HARRIS COUNTY; board of commissioners; compensation and expenses............HB 1595
HARRISON, HONORABLE CARL; commend ..........................................................HR 678
HART, CALVIN; compensate ..........................................................................................HR 654
HART COUNTY; board of commissioners; create new board ......................................SB 418
HARWELL, DR. JACK; commend.................................................................................HR 803
HAYS, HONORABLE FOREST, JR. Correctional Institution; designate...................................................................................HR 620 Express tribute..................................................................................................................HR 1003 Memorial Highway; designate...........................................................................................HR 831
HAZARDOUS SUBSTANCES Abandoned landfills; prohibit construction ....................................................................HB 435 Asbestos; removal from certain buildings; actions .........................................................SB 649 Asbestos; removing or cleaning; certain immunity ........................................................HB 341 Board of Natural Resources; powers .............................................................................HB 1563 Disclosure to state employees; regulate...........................................................................HB 503 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Hazardous Waste Management Authority; liability......................,................................SB 597 Low-Level Radioactive Waste Management Compact; withdrawal.............................SB 518 Medical Radiation Health and Safety Act; provide ......................................................HB 143 Radiation control; licensing of users; amend provisions.............................................HB 1411 Radon Gas Study Committee; create ..............................................................................HR 548 Solid waste disposal sites; permits; restrict issuance ..................................................HB 1564 Solid Waste Management Act; amend .............................................................................SB 667
HAZLEHURST, CITY OF; beer and wine sales; referendum..................................HB 1910
HEAD, ED;commend..........................................................................................................HR 994
HEALTH Abortions and pregnancy counseling; informational booklets .....................................HB 694 Abortions; mandatory counseling.....................................................................................HB 645 Abortions; parental notification ........................................................................................SB 621 Accident and sickness insurance; preferred provider....................................................HB 507 Adult day-care homes; licensing.....................,...............................................................HB 1485 Advanced emergency medical technician; definition .....................................................SB 573 Aid to Families with Dependent Children; certain adopted children...........................SB 19 AIDS battery; conviction for murder if victim dies....................................................HB 1630 AIDS; care for prisoners with virus ...............................................................................HB 1197

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INDEX

2757

HEALTH (Continued) AIDS; powers of state to control....................................................................................HB 1281 AIDS testing; granting pardon or parole......................................................................HB 1199 AIDS testing; marriage license .........................................................................................HB 604 AIDS; testing prisoners....................................................................................................HB 1198 AIDS; urging an educational curriculum to encourage prevention.............................HR 810 AIDS victims; certain persons; notification......................................................................HB 36 Alcoholic beverage sales; levels of certain substances; warning signs ......................HB 1877 Alcoholic beverages; retail sales; post certain signs.......................................................HB 431 Alzheimer's Disease; placement of patients; urge study...............................................HR 635 Ambulance service; medical technician; requirement ...................................................HB 177 Asbestos; removal from certain buildings; actions .........................................................SB 649 Buildings unfit for human habitation; jurisdiction .....................................................HB 1650 Child Health Services Act; create..................................................................................HB 1520 Child Health Services Act; create.....................................................................................SB 576 Chiropractors; utilization of nutrition ...........................................................................HB 1243 Consent for surgical or medical treatment; disclosure..................................................HB 107 Coroners; certain deaths; embalming authorization....................................................HB 1317 County boards; certain activities; regulate by Agriculture Department.....................SB 290 County boards; certain services; fees................................................................................SB 527 Death certificates; physician's assistant's signature.......................................................SB 260 Dentures; certain markings..................................................................................................SB 98 Dialysis machines; certificate of need; certain exemptions........................................HB 1825 Donees of body organs; preference for state residents .................................................HB 660 Education; health improvement program.......................................................................HB 794 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical services systems; support from certain funds ...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Emergency medical technicians; change definition .....................................................HB 1190 Emergency medical technicians; indemnification..........................................................HB 240 Emergency medical technicians; utilize automatic defibrillators.................................SB 462 Emergency Telephone No. 911 Service; fees...................................................................SB 484 Farm accidents; include in certain emergency training................................................HR 930 Food service establishments; health testing of employees ...........................................HB 831 Fulton County; board of health; benefits ........................................................................SB 532 Fulton County board of health; membership in Employees' Retirement System............................................................................................................SB 87 Georgia Chapter of the National Neurofibromatosis Foundation; commend .........HR 1034 Georgia Radon Safety Act; enact...................................................................................HB 1750 Health Care data system; provide....................................................................................HB 254 Hospital authorities; definition of project; include insurance of every type..................................................................................................HB 934 Hospital authorities; definition of project; include insurance of every type...................................................................................................SB 342 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Hospitals; certificates of need; requirements.................................................................HB 708 Hospitals; cost of care of indigent; reimbursement.....................................................HB 1387 Hospitals; license fees; appropriate to Indigent Health Care Provider Reimbursement Fund.........................................................................HB 1770 Hospitals; state to make loans - CA................................................................................HR 584 House Teenage Pregnancy Study Committee; create.....................................................HR 15 Income tax; exclude long-term care insurance...............................................................HB 844
Indigent Care Trust Fund; create - CA...........................................................................SR 350
Informed consent for medical treatment.........................................................................SB 367
Insurance; human heart transplants; coverage................................................................SB 604
Insurance; individual policy; requirements......................................................................SB 601
Joint Medicaid Study Committee; create .......................................................................HR 785

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2758

INDEX

HEALTH (Continued) Joint Services for Aged Study Committee; create.........................................................HR 586 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Lead Poisoning Prevention Study Committee; create....................................................HR 21 Low-Level Radioactive Waste Management Compact; withdrawal.............................SB 518 Master therapeutic recreation specialist; licensing......................................................HB 1237 Medicaid utilization payment limit; certain hospitals; exemption ...........................HB 1628 Medical Radiation Health and Safety Act; provide......................................................HB 143 Mentally ill persons; release of certain information; immunity..................................HB 152 Nonsewered toilet systems; regulate..............................................................................HB 1620 Northwest Georgia Regional Hospital; name certain buildings..................................HR 783 Nursing homes and intermediate care facilities; penalties for violations....................................................................................................................HB 665 Organ procurement organizations; licensing...................................................................HB 542 Patient's records; mailing costs......................................................................................HB 1524 Personal Attendant Care Program for Disabled Adults Act; enact..........................HB 1217 Physical Therapy; programs of treatment......................................................................HB 921 Physician's assistants; amend provisions.........................................................................SB 499 Postsecondary Vocational Education; train nursing home assistants........................HR 843 Pregnancy; payment of lost wages to expectant mother...............................................SB 421 Radon Gas Study Committee; create..............................................................................HR 548 Records; falsification; prohibitions.................................................................................HB 1598 Renal disease; limit use of kidney dialyzers.................................................................HB 1348 Respiratory therapists; eliminate use of certain terms and abbreviations............................................................................................................HB 710 Sexually transmissible infections; control provisions....................................................HB 167 State employees; sick leave; amend provisions ................................................................HB 86 State Professional Sports Commission; create...................................................................HB 9 State Professional Sports Commission; create...............................................................HB 270 Task Force on Community Dialysis Centers; urge creation.........................................SR 272 Tattoos; persons under 18; certain prohibitions.............................................................SB 557 Vital records; title searches by attorneys; cost............................................................HB 1224 Vocational training; long-term care personnel ...............................................................HB 687 Workers' compensation; law enforcement officers contracting AIDS ......................HB 1755
HEALTH INSURANCE Accident and sickness insurance; preferred provider....................................................HB 507 Accident and sickness policies; coverage for adopted children.................................HB 1527 Child Health Services Act; create..................................................................................HB 1520 Child Health Services Act; create .....................................................................................SB 576 Georgia Life and Health Insurance Guaranty Association; applicability ................HB 1671 Human heart transplants; coverage..................................................................................SB 604 Individual policy; requirements.........................................................................................SB 601 Insurer; definition include health insurance plan........................................................HB 1492 Long-term care insurance policies; regulation..............................................................HB 1748 Merit System; certain insurance contracts; jurisdiction of Personnel Board.........................................................................................................HB 560 Peace Officers' and Firemen's Pension Funds; health insurance plan.....................HB 1212
Public school employees health insurance; payment by local school system .........................................................................................................HB 982
Public school employees; certain retired persons...........................................................SB 316 Reimbursement; certain services ......................................................................................HB 334 State employees; computing contributions...................................................................HB 1623 State employees; health insurance; checks void after certain time ..........................HB 1493 Teachers and public school employees; discharge of debt.........................................HB 1491 Teachers and public school employees; flexible benefit plan....................................HB 1390 Teachers; employer's contributions................................................................................HB 1622 Teachers; transfer employment; Central State Hospital; benefits............................HB 1774

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INDEX

2759

HEARD COUNTY Chief magistrate; compensation .....................................................................................HB 1896 Chief magistrate; compensation .....................................................................................HB 1911
HEARD COUNTY LIONS CLUB; commend .............................................................HR 569
HEIDT, REBECCA; commend.........................................................................................HR 690
HELENA, CITY OF; grant easement; water service facilities.....................................HR 707
HENRY COUNTY Board of commissioners; chairman's election...............................................................HB 1799 Homestead exemption; elderly .......................................................................................HB 1865 Magistrate court; election of officers .............................................................................HB 1720
HERMAN EUGENE TALMADGE MONUMENT COMMISSION; create ....HR 372
HICKEY, DR. JUDSON C.; commend .........................................................................HR 922
HIGHTOWER, GEORGE H., SR.; commend ...............................................................HR 873
HIGHWAYS, BRIDGES AND FERRIES (Also, see Transportation, Department of) Abandoned motor vehicles; disposition of vehicle and parts.....................................HB 1471 Abandoned motor vehicles; unattended vehicle checks..............................................HB 1385 Airports; counties and municipalities register as operators .........................................HB 942 All-terrain vehicles; definition........................................................................................HB 1470 All-terrain vehicles; prohibit operation .........................................................................HB 1468 Arthur T. Bacon Bridge; designate...................................................................................SB 356 Benjamin M. Garfunkel Bridge; designate .....................................................................HR 800 Blind persons; operate vending machines in certain areas ..........................................HB 151 Bus Passenger Safety Act; amend provisions...............................................................HB 1629 Chieftains Trail; designation.............................................................................................HR 708 Emergency vehicles; blue lights; permit........................................................................HB 1743 Firearms; discharging near highways; amend provisions...............................................SB 401 Forest Hays, Jr., Memorial Highway; designate............................................................HR 831 Forest Hays, Jr., Memorial Highway; urge Department of Transportation to designate........................................................................................HR 1041 Handicapped parking; change color of permits..............................................................SB 574 Handicapped parking; enforcement; appointment of certain persons......................HB 1475 Handicapped parking; penalty for violation.................................................................HB 1876 Handicapped parking; renovation of facility; certain spaces........................................SB 608 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Highways; length of vehicles transporting boats ...........................................................HB 130 Highways; turn-only lane; distance requirement ............................................................SB 587 Hill Wilbanks Memorial Bridge; designate .....................................................................SR 245 House Vehicle Weight Study Committee; create ..........................................................HR 812 Industrial areas; removal of certain property - CA.......................................................HR 792 James G. Connell Bridge; designate .................................................................................SR 376 Jasper T. Copelan Bridge; designate ...............................................................................HR 590 Kenneth McCarthy Bridge; designate.............................................................................HR 549 Left-turn only lanes; restrictions....................................................................................HB 1288 Length of vehicle; special permits....................................................................................HB 170 Length of vehicles transporting boats.............................................................................HB 129 Local law enforcement; speed detection devices............................................................HB 425 MARTA; board of directors meet with local governing bodies...................................HB 733 MARTA; contract certain services; purchasing; bids..................................................HB 1580 MARTA; future completion and operation of additional rail system........................HB 699 MARTA; rapid transit contracts; procedures...............................................................HB 1513 Moore's Mill Bridge; designate.........................................................................................HR 551

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2760

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Also, see Transportation, Department of) (Continued) Motor fuel tax; allocation of proceeds- CA....................................................................HR 455 Motor fuel tax; imposition by county..............................................................................HB 518 Motor fuel tax; quarterly or annual reports...................................................................HB 419 Motor fuel tax; rate change..................................................................................-...........HB 318 Motor fuel tax; urge Congress to take certain action...................................................HR 661 Motor vehicle equipment; annual inspection; certain vehicles......................................HB 75 Motor vehicles; certain materials on windows; prohibitions......................................HB 1507 Motor vehicles; seat belt requirement.............................................................................HB 751 Motor vehicles; seat belt requirement..............................................................................SB 482 Motor vehicles; speed limits..............................................................................................HB 632 Motor vehicles; speed limits..............................................................................................HB 652 Motor vehicles; transportation of animals; requirements.............................................HB 772 Motor vehicles; trespassing; penalty..............................................................................HB 1592 Motorcycles; operators wear headsets or headphones.....................................................HB 51 Municipalities; certain solicitations on highways ........................................................HB 1264 Municipalities; road defects; repeal liability..................................................................HB 213 Outdoor advertising; height of certain signs ................................................................HB 1572 Property acquisition; future purposes..............................................................................SB 118 Property; grant easements for private ways; restrictions...........................................HB 1327 Rules of the road; private streets; applicability...........................................................HB 1578 Savannah River Scenic Highway; designate...................................................................HR 747 School buses; speed limit; transportation to certain events ......................................HB 1443 Seat belts; posting signs promoting usage......................................................................HR 593 Securing loads of pulpwood or logs...............................................................................HB 1665 Speed detection devices; remove certain prohibition....................................................HB 792 Speed detection devices; testing requirements ............................................................HB 1469 State Tollway Authority; relocation assistance and revenue bonds; define .................................................................................................................HB 1769 Traffic offenses; certain accidents; penalty for leaving scene....................................HB 1263 Transportation, Department of; bids; examination of site.........................................HB 1781 Transportation, Department of; lease of property; waive certain requirement......................................................................................................HB 1678 Transportation, Department of; urge action regarding barrier on Memorial Drive .......................................................................................................HR 1079 Uniform relocation assistance; certain persons............................................................HB 1768 W. L. "Pug" Mabry Highway; designate in Roswell.....................................................HR 720 Weight and load of vehicles; enforcement......................................................................HB 849 Weight and load of vehicles; permits..............................................................................HB 104 Weight and load on highways; refrigerated vehicles.....................................................HB 231 Weight, length and special loads; permits....................................................................HB 1548 William H. Freeman Memorial Bridge; designate.........................................................HR 725
HILL WILBANKS MEMORIAL BRIDGE; designate.............................................SR 245
HISTORIC SITES (See Parks, Historic Sites and Commemorations)
HOBBS, HUBERT; condolences .....................................................................................HR 918
HOMESTEAD EXEMPTION (See Ad Valorem Tax)
HOOKER, BRIAN CASEY; invite to House................................................................HR 759
HORNE, HONORABLE SHERRARD; condolences .................................................HR 710
HORTON, IVEY DANETTE; commend.......................................................................HR 613
HOSPITAL VOLUNTEER DAY; commend volunteers............................................HR 648

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2761

HOSPITALS AND HEALTH CARE FACILITIES AIDS; powers of state to control....................................................................................HB 1281 Anatomical gifts; eliminate witness requirement.........................................................HB 1528 Certificates of need; requirements ...................................................................................HB 708 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Cost of care of indigent; reimbursement.......................................................................HB 1387 Death certificates; physician's assistant's signature.......................................................SB 260 Dialysis machines; certificate of need; certain exemptions........................................HB 1825 Donees of body organs; preference for state residents .................................................HB 660 Downtown development authorities; include certain facilities.....................................SB 577 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical technicians; utilize automatic defibrillators.................................SB 462 Health Care data system; provide....................................................................................HB 254 Hospital authorities; definition of project; include every type insurance .................................................................................................................HB 934 Hospital authorities; definition of project; include every type insurance ..................................................................................................................SB 342 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Hospitals; state to make loans - CA................................................................................HR 584 Income tax; individual medical accounts ......................................................................HB 1893 Indigent Care Trust Fund; create - CA...........................................................................SR 350 Informed consent for medical treatment .........................................................................SB 367 Involuntary emergency treatment; authorization; certain persons ...........................HB 1498 Joint Services for Aged Study Committee; create.........................................................HR 586 License fees; appropriate to Indigent Health Care Provider Reimbursement Fund...................................................................................................HB 1770 Medicaid utilization payment limit; certain exemption .............................................HB 1628 Medical malpractice; notice of investigation ................................................................HB 1367 Mental health; child and adolescent screening program; requirements......................SB 641 Mentally ill persons; release of certain information; immunity ..................................HB 152 Northwest Georgia Regional Hospital; name certain buildings ..................................HR 783 Patient's records; mailing costs ......................................................................................HB 1524 Records; falsification; prohibitions.................................................................................HB 1598 Renal disease; limit use of kidney dialyzers.................................................................HB 1348 Task Force on Community Dialysis Centers; urge creation .........................................SR 272 Teachers; transfer employment; Central State Hospital; benefits............................HB 1774 Teachers; transfer employment; Central State Hospital; benefits...............................SB 595
HOTELS AND MOTELS Alcoholic beverages; in-room sales; license.....................................................................HB 227 Fulton County-City of Atlanta; hotel-motel tax..........................................................HB 1554 Public revenue; local sales tax; amend provisions.......................................................HB 1500 Smoke detector requirement.............................................................................................HB 311
HOUCK, CHIEF RONALD; commend..........................................................................HR 732
HOUSE OF REPRESENTATIVES Apportionment; House Districts 118 and 137 .............................................................HB 1482 Ash, Robert L.; invite to House .......................................................................................HR 215 Australian Federal Parliament; invite to House ............................................................HR 553 Bourne, Dr. Henry Clark, Jr.; invite to House ..............................................................HR 623 Brooks, Gregory Steven; invite to House........................................................................HR 625 Coca-Cola World Chorus; invite to House......................................................................HR 656 Crecine, Dr. John Patrick; invite to House ....................................................................HR 622 Crim, Dr. Alonzo A.; invite to House ..............................................................................HR 754 Dole, Honorable Robert; invite to House .......................................................................HR 813 Evans, Honorable David C. invite to House ..................................................................HR 722 Georgia State University College of Law Moot Court Team; invite to House................................................................................................................HR 726

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2762

INDEX

HOUSE OF REPRESENTATIVES (Continued) Gingrich, Honorable Newt; invite to House...................................................................HR 926 Godsey, R. Kirby, President, Mercer University; invite to House .............................HR 727 Gore, Honorable Albert, Jr.; invite to House.................................................................HR 700 Grubbs, Robert R; invite to House..................................................................................HR 839 Hamrick, Honorable William Earl; invite to House......................................................HR 929 Hooker, Brian Casey; invite to House.............................................................................HR 759 House messenger and doorkeeper; appointment by Speaker......................................HB 506 Jackson, Reverend Jesse; invite to House......................................................................HR 762 Jerles, Kelly, Miss Georgia 1987; invite to House.........................................................HR 896 Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Knapp, Dr. Charles B.; invite to House..........................................................................HR 596 Little, Trooper First Class Mickey of Georgia State Patrol; invite to House...................................................................................................HR 832 Meeks, Heather; invite to House......................................................................................HR 629 Miller, Milt; coach of Worth County High School football team; invite to House.....................................................................................................HR 728 Morrow High School varsity football team; invite to House.......................................HR 666 Notify the Senate the House of Representatives has convened..................................HR 539 Oaths of office............................................................................................Pages 7, 10, 13, 15, 18 Relative to officials and staff............................................................................................HR 541 Robinson, Honorable Cas; invite to House...................................................................HR 1007 Rules of House; adopt........................................................................................................HR 542 Rules of House; amend Rule 12.......................................................................................HR 241 Rules of House; amend Rule 50.......................................................................................HR 104 Rules of House; amend Rule 52.......................................................................................HR 102 Rules of House; amend Rule 52.......................................................................................HR 103 Rules of House; amend Rules 6 and 7 ............................................................................HR 703 Rules of House; amend Rules 11 and 11A........................................................................HR 24 Rules of House; amend Rules 12 and 163......................................................................HR 755 Shelton, Charlotte; invite and commend........................................................................HR 704 Standing Committee assignments .................................................Pages 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 154 Speaker; salary..................................................................................................................HB 1195 Stephens, Kim; invite to House .......................................................................................HR 796 Term of office - CA.................................................................................................................SR 7 Tootle, Renee; commend and invite to House...............................................................HR 624 Tubb, William Jackson; invite to House ........................................................................HR 837 Walraven, Sheriff Wesley; commend and invite to House...........................................HR 190 White, Sandy Ann; 1987 Georgia Occupational Award of Leadership recipient; invite to House.........................................................................HR 784 Williams, Jean Carolyn; invite to House ........................................................................HR 745 Wright, Gary and Stipe, Eric; invite to House..............................................................HR 729
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of education; superintendent; appointment......................................................HB 1711 Motor vehicles; staggered registration...........................................................................HB 1712
HOWARD, JIMMY; commend.........................................................................................HR 614
HUBBARD, THOMAS HOWARD, III; commend...................................................HR 1069
HUCKABY, REVEREND AND MRS. WORTH; commend.................................HR 1013
HUGHES, KAREN; commend..........................................................................................HR 817
HUMAN RESOURCES, DEPARTMENT OF Adoption; special needs children; payments to certain agencies .................................SB 422

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2763

HUMAN RESOURCES, DEPARTMENT OF (Continued) Adult day-care homes; licensing.....................................................................................HB 1485 Advanced emergency medical technician; definition .....................................................SB 573 Advisory Commission on Programs for the Hearing Impaired; create .......................SB 593 Aid to Families with Dependent Children; certain adopted children...........................SB 19 AIDS; powers of state to control....................................................................................HB 1281 Alzheimer's Disease; placement of patients; urge study...............................................HR 635 Certain insurance; define nonprofit agencies...............................................................HB 1519 Day camp facility; regulation..........................................................................................HB 1610 Dialysis machines; certificate of need; certain exemptions........................................HB 1825 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical services systems; support from certain funds...........................HB 1009 Emergency medical services systems; support from certain funds - CA...................HR 323 Emergency medical technician; change definition.......................................................HB 1190 Farm accidents; include in certain emergency training................................................HR 930 Georgia Educational Reinvestment Act for Aid to Families with Dependent Children........................................................................................................SB 232 Georgia Radon Safety Act; enact...................................................................................HB 1750 Health Care data system; provide....................................................................................HB 254 Health records; falsification; prohibitions.....................................................................HB 1598 Hospitals; license fees; appropriate to Indigent Health Care Provider Reimbursement Fund..................................................................................HB 1770 Indigent Care Trust Fund; create CA..............................................................................SR 350 Juvenile proceedings; program of state subsidies.............................................................SB 89 Medical assistance; hearings; certain recommendations.............................................HB 1239 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Peace Officers' Annuity and Benefit Fund; certain Human Resources employees.......................................................................................................SB 178 Personal Attendant Care Program for Disabled Adults Act; enact..........................HB 1217 Public assistance; subpoena power..................................................................................HB 384 State employees; certain dismissal....................................................................................SB 403 State employees; certain foster parents; liability.........................................................HB 1546 Task Force on Community Dialysis Centers; urge creation.........................................SR 272 Teachers; transfer employment; Central State Hospital; benefits............................HB 1774 Teachers; transfer employment; Central State Hospital; benefits...............................SB 595
HUNTING (Also, see Game and Fish) Alligators; regulations........................................................................................................SB 594 Antlerless or either-sex deer; amend provisions..........................................................HB 1506 Bag limit for deer; amend provisions...............................................................................SB 551 Deer; number killed in a season; Natural Resources make annual report ..............HB 1694 Hunting and fishing; urge multipurpose license............................................................HR 820 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Licenses; nonresidents; elderly.......................................................................................HB 1597 Licenses; waterfowl; reciprocity with South Carolina...................................................HR 742
HURT, SUSAN; commend.................................................................................................HR 688
HUTTO, JOHN; condolences.............................................................................................HR 915

INCOME TAX Amend provisions.............................................................................................................HB 1417
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2764

INDEX

INCOME TAX (Continued) Certain retirement income; ezemption..........................................................................HB 1473 Child care and household expenses; credit.....................................................................HB 671 Contribution of property to certain youth organizations; credit.................................HB 999 Corporations; allocation of income.................................................................................HB 1432 Corporations; calculation .................................................................................................HB 1547 Designated contribution; form - CA................................................................................HR 420 Employment security; setoff debt.....................................................................................SB 490 Fiduciaries; estimated payments....................................................................................HB 1418 Home purchase; certain deduction--..................................................------.--........HB 505 Individual medical accounts............................................................................................HB 1893 Interest on refunds...........................................................................................................HB 1130 Long-term care insurance; exclusion ...............................................................................HB 844 Peace officers; exempt certain retirement income.............................................--.........HB 656 Public Revenue Code; reference date; Federal tax code ............................................HB 1415 Retirement income exemption; repeal...........................................................................HB 1180 Social Security benefits; exclusion.................................................................................HB 1170 Special needs child; exemption.........................................................................................HB 672 Tax returns; confidential information; furnish to certain persons.............................HB 118 Tuition payments; exemption--........................................................................................HB 147 Wages subject to withholding.........................................................................................HB 1419
INDEMNIFICATION Emergency medical technician; change definition..................................--........----.HB 1190 Emergency medical technicians........................................................................................HB 240 Expand program .............................................................................................................HB 1669 Law enforcement officers; date....................--..................................................................HB 499
INDIGENT (See Social Services)
INDUSTRY AND TRADE, DEPARTMENT OF Export finance program; establish.................................................................................HB 1484 Industrial areas; removal of certain property - CA.......................................................HR 792
INITIATIVE PETITION; power to enact or reject - CA...........................................HR 131
INSURANCE Accident and sickness insurance; preferred provider....................................................HB 507 Accident and sickness policies; coverage for adopted children.................................HB 1527 After-market parts in motor vehicle repairs; identification--....................................HB 1839 Agent-company contract; cancellation........................----...............................................SB 538 Amusement Ride Safety Act; amend liability insurance.--........................................HB 1364 Annual reports; certain requirement...............................................................................HB 394 Annual reports; certain requirement................................................................................SB 134 Automobile insurance; create joint study committee--..................................................SR 316 Board of Workers' Compensation; appeal certain decisions..--.................................HB 1438 Captive insurance companies; regulations....................................................................... SB 635 Change of domicile of insurer; examination.................................................................HB 1489 Child Health Services Act; create ..........................................................................HB 1520 Child Health Services Act; create .....................................................................................SB 576 Claimant; provide certain information..........................................................................HB 1515 Collision damage waivers; provide.................................................................................HB 1641 Commissioner of Insurance; appointment by Governor...............................................HB 735 Commissioner of Insurance; appointment - CA.............................................................HR 226 Consumer warranty agreements; guarantee by certain insurers ..................................SB 589 Corporate officers and employees; insurable interest.................................................HB 1589 Counties; employment benefits; provide..........................................................................SB 102 Georgia Life and Health Insurance Guaranty Association; applicability................HB 1671 Guardian for certain beneficiary; authority to contract.--............................................SB 300

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INDEX

2765

INSURANCE (Continued) Health insurance; certain services; reimbursement.......................................................HB 334 Health insurance; human heart transplants; coverage...................................................SB 604 Health insurance; individual policy; requirements.........................................................SB 601 Health; patient's records; mailing costs........................................................................HB 1524 Hospital authorities; definition of project; include insurance of every type..................................................................................................HB 934 Hospital authorities; definition of project; include insurance of every type...................................................................................................SB 342 House Workers' Compensation Self-Insurers Solvency Study Committee................HR 368 Human Resources, Department of; define nonprofit agencies ..................................HB 1519
Insurance consumer advocate; create..............................................................................HB 111 Insurer; definition include health insurance plan........................................................HB 1492 Insurers; assets; consideration of good will...................................................................HB 1747
Insurers; rate increase; file profit and loss data............................................................HB 552 Insurers; statistics and data; report requirements.......................................................HB 1494
Interlocal risk management agencies; boards of education...........................................SB 438 Investments; loans guaranteed by United States Student Aid Funds .....................HB 1247 Liability insurance rates; regulation................................................................................HB 639
Life benefit certificates; requirements...........................................................................HB 1590 Long-term care insurance; income tax exclusion...........................................................HB 844
Long-term care insurance policies; regulation..............................................................HB 1748 Merit System; certain insurance contracts; jurisdiction
of Personnel Board.........................................................................................................HB 560
Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Motor Vehicle Certificate of Title; salvaged or rebuilt vehicle ...................................HB 159
Motor vehicle insurance; accident; claim against party at fault ..................................SB 578 Motor vehicle insurance; certain persons; exemption...................................................HB 983
Motor vehicle insurance; certificates of self-insurance...............................................HB 1030 Motor vehicle insurance; damaged safety equipment; coverage...................................SB 559
Motor vehicle insurance; driving without proof; penalty .............................................HB 274 Motor vehicle insurance; mailing refusal notices; prohibitions .................................HB 1268
Motor vehicle insurance; maximum coverage; notification of price ...........................HB 588 Motor vehicle insurance; non-payment of premium.....................................................HB 313
Motor vehicle insurance; optional coverage; requirement..........................................HB 1587 Motor vehicle insurance; prohibit adding or stacking certain coverage .....................SB 658
Motor vehicle insurance; rate change due to age; prohibitions.................................HB 1312 Motor vehicle insurance; regulating value; total loss claims.........................................SB 540
Motor vehicle insurance; restricted driving permits ...................................................HB 1570 Motor vehicle insurance; revise requirements................................................................HB 673
Motor vehicle insurance; uninsured motorist; deductible amount............................HB 1588 Motor vehicles; certain state owned vehicles.....................................................................HB 5
Nonrenewal of certain types of policies; filing requirements ....................................HB 1031 Payment of claim within certain period .......................................................................HB 1439
Policy or filing fee; requirement.......................................................................................HB 194 Premium taxes; date of collection..................................................................................HB 1160 Premiums; bad check issuance; null and void................................................................HB 196
Premiums; counties; reduction of ad valorem tax.......................................................HB 1259 Premiums; regulation.........................................................................................................HB 168
Public school employees health insurance; payment by local school system...................................................................................................................HB 982
Retirement; beneficiary change; notify spouse...................................................................HB 4 Retirement; change of beneficiary; notice.......................................................................HB 376 Revenue bonds; "undertaking"; amend definition........................................................HB 936
State employees; health insurance; computing contributions....................................HB 1623 State government; sovereign immunity - CA..................................................................SR 267
State Operated Workers' Compensation Insurance Funds; create Study Committee............................................................................................................HR 574

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2766

INDEX

INSURANCE (Continued) Structural Pest Control; self-insurance ...........................................................................HB 195 Surplus line brokers; licensing........................................................................................HB 1490 Teachers and public school employees; health insurance; discharge of debt ............................................................................................................................HB 1491 Teachers; health insurance; employer's contributions ................................................HB 1622 Uninsured motor vehicle; seizure after certain convictions .......................................HB 1167 Workers' Compensation; benefits; injured employee; certain misconduct .................SB 495 Workers' Compensation; benefits; residency requirements..........................................HB 414 Workers' Compensation; common carriers; certain exception.....................................HB 282 Workers' Compensation; corporate officers file certifications ...................................HB 1437 Workers' Compensation; employee rights; construction design professionals ..................................................................................................................HB 1655 Workers' Compensation; employees of Department of Corrections ............................SB 473 Workers' Compensation; exclude persons delivering newspapers..................................SB 40 Workers' Compensation; executive director of board; ex officio member of trustees ..........................................................................................................SB 547 Workers' Compensation; persons doing certain community service.........................HB 1661 Workers' Compensation; witness at hearing; prohibit discharge ................................HB 413
INTANGIBLES TAX Charitable remainder trusts................................................................................................HB 53 Intangible recording tax; convert to documentary tax .................................................HB 908 Level of liability; filing return ........................................................................................HB 1020 Motor fuel tax; allocation of proceeds - CA...................................................................HR 455 Stock in certain financial institutions; exemption.......................................................HB 1455
INTEREST AND USURY Check-cashing establishments; limit percentage fee charge.......................................HB 1897 Controlled substances; deposit seized currency in interest-bearing account.................................................................................................SB 561 Credit cards; finance charges ..........................................................................................HB 1772 Estates; interest in property; amend provisions ..........................................................HB 1250 Interest on judgments; unsuccessful appeals................................................................HB 1517 Mortgages; escrow accounts ..............................................................................................HB 331 Origination fees and discount points; calculation..........................................................HB 128 Rate on certain loans.......................................................................................................HB 1416 Taxation; certain income of states; urge amendment to United States Constitution ...........................................................................................HR 300 Taxation; interest on refunds.........................................................................................HB 1130
INTERIOR DESIGNERS; licensing...............................................................................HB 959
INVESTMENT ADVISORY BUSINESS; regulate ................................................HB 1566
IRWIN COUNTY; board of commissioners; membership.............................................SB 603
IRWINTON, CITY OF; new charter .............................................................................HB 1834
ISAKSON, HONORABLE JOHNNY; commend .......................................................HR 814

J. STROM THURMOND LAKE House J. Strom Thurmond Lake Study Committee; create........................................HR 903
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2767

J. STROM THURMOND LAKE (Continued) Redesignate as Clarks Hill Lake; urge Congress ...........................................................HR 821 Water conservation purposes; urge designation by Congress ......................................HR 904
JABLOW, LESLIE; commend ........................................................................................HR 992
JACKSON COUNTY; superior court; terms ...............................................................HB 1639
JACKSON, HONORABLE NEAL; commend ..........................................................HR 1078
JACKSON, LUVENIA;commend...................................................................................HR 856
JACKSON, REVEREND JESSE; invite to House.....................................................HR 762
JAILS Certain items or conduct; penalty..................................................................................HB 1461 Confer police powers upon wardens .................................................................................SB 476 Construction; certain fees - CA.........................................................................................SR 347 Construction near schools; requirements.........................................................................SB 500 Grants to municipalities and counties..............................................................................SB 546 Jail Construction and Staffing Act; enact .......................................................................SB 629 Peace Officer Standards and Training; jail or communication officer.........................HB 52 Prisoners; pay certain fees; room and board..................................................................HB 848
JAMES G. CONNELL BRIDGE; designate .................................................................SR 376
JAMES, LAWRENCE HOWARD; in memory ............................................................HR 667
JASPER T. COPELAN BRIDGE; designate...............................................................HR 590
JEFFERSON COUNTY Board of commissioners; compensation.........................................................................HB 1664 Board of education; election...........................................................................................HB 1663
JENKINS COUNTY; state court; terms ......................................................................HB 1723
JERLES, KELLY, MISS GEORGIA 1987; invite to House...................................HR 896
JESSUP, HONORABLE BEN; commend ..................................................................HR 1077
JOHNSON COUNTY; chief magistrate; election and terms.....................................HB 1847
JONES COUNTY Board of commissioners; property lease...........................................................................SB 670 Board of commissioners; purchases and bids..................................................................SB 669
JONES, MARY EUNICE; commend ............................................................................HR 932
JONESBORO, CITY OF Mayor and councilmen; election.....................................................................................HB 1889 Mayor or councilman; filling vacancies.........................................................................HB 1812
JUDGES Bail or recognizance; amend certain provisions.............................................................HB 776 Council of Probate Court Judges of Georgia; establish.................................................SB 411 Council of State Court Judges of Georgia; create ..........................................................SB 432 Employees' Retirement; judges and district attorneys' secretaries; credit ............................................................................................................HB 375 Judicial officers; appointed to elective office - CA .......................................................HR 892 Juvenile court; retirement benefits ................................................................................HB 1021 Magistrate courts; election of chief magistrate...............................................................SB 194 Probate court; incapacity or inability to serve; removal ................................................HB 57 Probate court; minimum salary.........................................................................................SB 305

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2768

INDEX

JUDGES (Continued) Probation; amend provisions .............................................................................................SB 434 Retirement; court officials; new system..........................................................................HB 703 Superior Court Judges Retirement; board of trustees; amend provisions.............................................................................................................SB 501 Superior Court Judges Retirement; creditable service ...............................................HB 1022 Superior Court Judges Retirement; creditable service; certain benefits......................................,.........................................................................HB 842 Superior Court Judges Retirement; years for vesting; credit ......................................HB 566 Superior courts; senior judge; compensation for service ............................................HB 1230 Trial Judges and Solicitors Retirement; average compensation .................................HB 481
JUDGMENTS Foreign judgments; enforcement......................................................................................HB 301 Garnishment; repeal certain requirements...................................................................HB 1642 Interest on judgments; unsuccessful appeals................................................................HB 1517 Magistrate courts; unpaid judgments; certain fees......................................................HB 1391 Superior court clerks; fees; certain reference...............................................................HB 1635 Traffic offenses; modification...........................................................................................HB 136
JUDICIAL CIRCUITS Alcovy Judicial Circuit; court reporters; compensation.................................................SB 652 Appalachian Judicial Circuit; add judge..........................................................................SB 334 Brunswick Judicial Circuit; abolish; Altamaha and Coastal Judicial Circuits; create ...............................................................................................HB 1486 Cherokee Judicial Circuit; assistant district attorney; employment............................SB 686 Cherokee Judicial Circuit; district attorney; supplement .............................................SB 685 Circuit-wide grand juries; provide - CA.............................................................................SR 22 Cobb Judicial Circuit; judges' supplement ......................................................................SB 616 Cobb Judicial Circuit; number of investigators and assistant district attomeys...........................................................................................................HB 1633 Coweta Judicial Circuit; terms for Carroll County .....................................................HB 1427 Griffin Judicial Circuit; add judge....................................................................................SB 258 Gwinnett Judicial Circuit; add judge .................................................................................SB 32 Habeas corpus clerks; requirements .................................................................................SB 388 Ocmulgee Judicial Circuit; district attorney; salary supplement.................................SB 624 Stone Mountain Judicial Circuit; add judge................................................................HB 1670 Tifton Judicial Circuit; judges' compensation .............................................................HB 1459 Waycross Judicial Circuit; terms....................................................................................HB 1540
JURIES Circuit-wide grand juries; provide - CA.............................................................................SR 22 Fulton County; jury clerks; appointment ........................................................................SB 602 Grand juries; service of summons ..................................................................................HB 1227 Grand juries; written response; recommendations .........................................................SB 494 Hearing impaired persons serve as jurors........................................................................SB 513 Law enforcement officers; exemption............................................................................HB 1632 Number impaneled; certain felony cases ......................................................................HB 1296 Peremptory challenges; certain felony cases ................................................................HB 1289 Selection requirement........................................................................................................HB 176 Sheriffs; reports of interference with duties; repeal....................................................HB 1531 Statewide grand juries; create - CA.................................................................................HR 132 Statewide grand juries; create - CA.................................................................................HR 322 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Trial without jury; consent of both parties.....................................................................SB 492 Unauthorized absence; penalty .......................................................................................HB 1295
JUVENILE PROCEEDINGS Certain traffic or waterways offense; jurisdiction...........................................................SB 147

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INDEX

2769

JUVENILE PROCEEDINGS (Continued) Courts; certain designations ............................................................................................HB 1738 Death penalty; persons under 18; prohibitions ..............................................................HB 777 Judges; retirement benefits .............................................................................................HB 1021 Juvenile court; jurisdiction...................................................................................................SB 20 Juvenile traffic offenses; definitions ................................................................................HB 314 Missing child report; notification.....................................................................................HB 891 Offender tried as adult; age limit.....................................................................................HB 640 Program of state subsidies ...................................................................................................SB 89 Traffic offenses; certain jurisdiction................................................................................HB 290

K

KAPLAN, ALEX JOSHUA; commend........................................................................HR 1051 KEMPTON, HONORABLE BESSIE; place portrait in State Capitol ..................HR 147 KENNESAW, CITY OF
Corporate limits ................................................................................................................HB 1923 Mayor, council, and mayor pro tern; compensation ....................................................HB 1778 KENNETH MCCARTHY BRIDGE; designate...........................................................HR 549 KEY, LUCILLE W.; condolences .....................................................................................HR 884 KEYS, MR. BRADY, JR.; commend..............................................................................HR 987 KEYSVILLE, CITY OF; Mayor Emma Gresham, city council, and citizens; commend.......................................................................................................HR 838 KIDNAPPING; interference with custody ....................................................................HB 1384 KING, BETH KATHLEEN; compensate .....................................................................HR 267 KING, CORETTA SCOTT; commend............................................................................HR 576 KINGSLAND, CITY OF; corporate limits ..................................................................HB 1831 KINNETT, JOHN ROBERTSON; condolences ..........................................................HR 594 KNAPP, DR. CHARLES B.; invite to House ...............................................................HR 596

LABOON, JOE T.; commend ...........................................................................................HR 833
LABOR AND INDUSTRIAL RELATIONS Administrative Procedure; Workers' Compensation rules .........................................HB 1053 Albert "Al" Holloway Labor Building; designation .......................................................SR 163 Amusement Ride Safety Act; amend liability insurance............................................HB 1364 Board of Workers' Compensation; appeal certain decisions......................................HB 1438 Carnival Ride Safety Act; amend......................................................................................SB 544 Child abuse; protection for employees reporting............................................................SB 665 Child labor; employment during vacation; regulations...............................................HB 1361
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2770

INDEX

LABOR AND INDUSTRIAL RELATIONS (Continued) Commissioner of Labor; appointment by Governor......................................................HB 736 Commissioner of Labor; appointment - CA...................................................................HR 229 Employment; exercise of certain rights; prohibit dismissal .......................................HB 1204 Employment Security Administration Account; urge Congress to release funds....................................................................................................................HR 239 Employment security; false representation; penalty......................................................SB 491 Employment security; income tax; setoff debt ...............................................................SB 490 Employment Security; part-time or temporary employees; eligibility.......................HB 555 Employment security; urge Congress to extend coverage to certain employees .........................................................................................................HR 1028 Fire hazards in workplace; notify firefighters.......................................................--...... -SB 137 Garnishment; hourly or weekly wages; continuing proceedings...................................SB 247 House Workers' Compensation Self-Insurers Solvency Study Committee................HR 368 Law enforcement; special and high-risk occupation...................................................HB 1763 Minors; employment during school hours.....................................................................HB 1445 Minors; school vacation months; employment .............................................................HB 1752 Pregnancy; payment of lost wages to expectant mother ...............................................SB 421 Pressure vessels; storage of propane gas; certain exemption.....................................HB 1576 Retail sales; certain stores; requirements for safe operations......................................HB 524 State Board of Workers' Compensation; open records.................................................HB 681 State Operated Workers' Compensation Insurance Funds; create Study Committee............................................................................................................HR 574 Torts; independent contractor; employer's liability .......................................................SB 207 Workers' Compensation benefits; injured employee; certain misconduct ..................SB 495 Workers' Compensation; benefits; residency requirements..........................................HB 414 Workers' Compensation; common carriers; certain exception.....................................HB 282 Workers' Compensation; corporate officers file certifications ...................................HB 1437 Workers' Compensation; employee rights; construction design professionals ..................................................................................................................HB 1655 Workers' Compensation; exclude persons delivering newspapers..................................SB 40 Workers' Compensation; executive director of board; ex officio member of trustees........................................................................................SB 547 Workers' Compensation; hearing; certain testimony; prohibit dismissal.................HB 1604 Workers' Compensation; injured employee; job refusal................................................HB 556 Workers' Compensation; injured while under influence of drugs.............................HB 1175 Workers' Compensation; law enforcement officers contracting AIDS .....................HB 1755 Workers' Compensation; persons doing certain community service.........................HB 1661 Workers' Compensation; recovery against third-party tort-feasors..........................HB 1542 Workers' Compensation; retaliatory dismissal .............................................................HB 1056 Workers' Compensation; victims of crime assistance program....................................HB 791 Workers' Compensation; witness at hearing; prohibit discharge ................................HB 413
LAFAYETTE, CITY OF; corporate limits......................................................................SB 639
LAMB, HAROLD REYFORD "RAY"; commend ......................................................HR 880
LAND (See Property)
LAND, HONORABLE JOHN H.; commend................................................................HR 733
LANDLORD AND TENANT Cable television service; prohibitions .................................................................................SB 16 Sheriffs; service fees.........................................................................................................HB 1530 Utilities; prohibit suspension of utilities..........................................................................SB 248
LASSITER HIGH SCHOOL MARCHING TROJAN BAND; commend ..........HR 895
LAVENDER, ADAM CLINTON "BOOTS"; condolences .....................................HR 1020

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INDEX

2771

LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned motor vehicles; unattended vehicle checks..............................................HB 1385 AIDS; powers of state to control....................................................................................HB 1281 Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director..................................................................................HB 602 Campus policemen; certification and training costs; requirement..............................HB 329 County correctional institutions; confer police powers upon wardens........................SB 476 Crime Information Center; dissemination of records....................................................HB 312 Criminal Justice Coordinating Council; add member....................................................SB 430 Criminal procedure; disposition of seized property.....................................................HB 1615 Criminal records; purged from original agency...............................................................SB 373 Emergency vehicles; blue lights; permit........................................................................HB 1743 Family violence training program; urge..........................................................................HR 633 Felony; crime of escape....................................................................................................HB 1448 Firearm possession; off-duty peace officers.....................................................................SB 586 Georgia Police Academy; amend provisions.................................................................HB 1187 Georgia Police Academy; urge advanced training for domestic violence...................HR 744 Georgia Public Safety Memorial; supporting..................................................................SR 418 Georgia Public Safety Training Center; security police force .....................................HB 609 Handicapped parking; enforcement; appointment of certain persons......................HB 1475 Highways; speed detection devices; remove certain prohibition.................................HB 792 Indemnification; date.........................................................................................................HB 499 Indemnification; expand program ..................................................................................HB 1669 Injured in line of duty; compensation.............................................................................HB 876 Investigation; certain deaths...........................................................................................HB 1447 Joint Public Safety Study Committee on Communications; create............................SR 417 Jury duty; exemption .......................................................................................................HB 1632 Liability of state for certain assistance ...........................................................................HB 446 License plates; revocation; seizure .................................................................................HB 1305 Litter control; urge enforcement of laws.........................................................................HR 634 Local governments; public safety employees; mutual aid in emergencies...............HB 1285 Local law enforcement; driving records; dissemination................................................HB 405 Local law enforcement; speed detection devices............................................................HB 425 Minimum salary...................................................................................................................SB 155 Missing child report; notification.....................................................................................HB 891 Missing Children Information Center; age definition...................................................HB 228 Motor vehicles; fleeing or eluding an officer; penalty ...................................................HB 360 Motor vehicles; persons attempting to elude police; penalty .......................................SB 150 Municipalities; chiefs of police serve as jailer..............................................................HB 1261 Peace Officer and Prosecutor Training Fund; magistrate courts; applicability...................................................................................................................HB 1202 Peace Officer Standards and Training Council; executive director..........................HB 1241 Peace Officer Standards and Training; jail or communication officers.......................HB 52 Peace Officers' and Firemen's Pension Fund; health insurance plan......................HB 1212 Peace Officers; annual training ......................................................................................HB 1201 Peace Officers' Annuity and Benefit Fund; benefit provisions...................................HB 458 Peace Officers' Annuity and Benefit Fund; certain Human Resources employees.......................................................................................................SB 178 Peace Officers' Annuity and Benefit Fund; membership; medical examination...................................................................................................................HB 1213 Peace Officers' Annuity and Benefit Fund; surviving spouse; benefits......................SB 128 Person giving false information; penalty .........................................................................SB 585
Public Safety Department; certain records; admissible evidence................................SB 562
' Public Safety Department; police chaplains ..................................................................HB 739
Retired peace officers; certain requirements; exemption ...........................................HB 1693
Retired peace officers; certification requirements.......................................................HB 1740
Retirement income; exemption.........................................................................................HB 656

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2772

INDEX

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Schools; security personnel; authorization to carry firearms.....................................HB 1353 Scientific evidence; GBI report ..........................................................................................HB 47 Sex crime conviction; furnish records to Georgia Bureau of Investigation ...............................................................................................HB 1429 Sheriffs; reports of interference with duties; repeal....................................................HB 1531 Special and high-risk occupation ...................................................................................HB 1763 State patrol; escort for athletic events.............................................................................SB 417 State patrol; escort for certain auto racing events ......................................................HB 1700 State patrol; process servers ...........................................................................................HB 1523 Torts; certain actions; bond ................................................................................................HB 46 Witness fees.........................................................................................................................HB 659 Witness fees; amend provisions ......................................................................................HB 1754 Workers' Compensation; benefits; officers contracting AIDS ...................................HB 1755
LAWRENCEVILLE, CITY OF Homestead exemption......................................................................................................HB 1653 Police department; abolish; referendum .......................................................................HB 1191
LEE, DAVID L.; condolences ............................................................................................HR 617
LEE, HONORABLE GEORGE S.; condolences...........................................................HR 846
LEGISLATIVE COUNSEL Communications .....................................................................................................Pages 123, 125 Compilation of General Assembly Acts.........................................................................HB 1223
LESHAW, GARY; commend ...........................................................................................HR 1022
LIABILITY INSURANCE Amusement Ride Safety Act; amend.............................................................................HB 1364 Annual reports; certain requirement ...............................................................................HB 394 Annual reports; certain requirement ................................................................................SB 134 Claimant; provide certain information ..........................................................................HB 1515 Hospital authorities; definition of project; include insurance of every type..................................................................................................HB 934 Hospital authorities; definition of project; include insurance of every type...................................................................................................SB 342 Insurance rates; regulation ................................................................................................HB 639 Interlocal risk management agencies; boards of education...........................................SB 438 Payment of claim within certain period .......................................................................HB 1439 Premiums; regulation .........................................................................................................HB 168 Revenue bonds; "undertaking"; amend definition ........................................................HB 936 Structural Pest Control; self-insurance ...........................................................................HB 195
LIBRARIES Board of trustees; membership.......................................................................................HB 1397 Georgia State University Library; depository for certain records ...............................SR 301 Law libraries; costs collected in recorder's court............................................................SB 176 Magistrate courts; law library fees.....................................................................................HB 15 Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee ................................................................HR 580 Quality Basic Education; funding ..................................................................................HB 1358
LICENSE PLATES AND REGISTRATION Application; annual performance bonds; requirement................................................HB 1382 Armstrong State College; special tags ...........................................................................HB 1462 Atlanta University; special tags......................................................................................HB 1480 Certain counties; date........................................................................................................HB 397 Civil Air Patrol; special tags.............................................................................................HB 919

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INDEX

2773

LICENSE PLATES AND REGISTRATION (Continued) Clark College; special tags...............................................................................................HB 1332 Colleges outside of state; special license plates ...........................................................HB 1262 Columbus College; special tags.......................................................................................HB 1624 Emergency medical services systems; support from certain funds...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Georgia College; special tags..............................................................................................SB 505 Honorably discharged veterans; special tags................................................................HB 1428 LaGrange College; special tags ..........................................................................................SB 554 Leased vehicles; registration...........................................................................................HB 1328 Macon County; designated periods...................................................................................SB 445 Macon Junior College; special tags; change name.......................................................HB 1516 Motor vehicle insurance; revise requirements................................................................HB 673 Motor vehicles; registration application; false statement.............................................HB 161 National Guard; certain persons; special tags.................................................................SB 458 New motor vehicle dealer; registration requirements.................................................HB 1729 Oglethorpe University; special tags................................................................................HB 1219 Paine College; special tags...............................................................................................HB 1079 Payment of portion of fee; date.....................................................................................HB 1307 Pearl Harbor survivors; special tags................................................................................HB 429 Pearl Harbor veterans; special tags...............................................................................HB 1430 Penalty for non-compliance..............................................................................................HB 229 Rental trailera......................................................................................................................HB 163 Retired members; National Guard.................................................................................HB 1308 Revocation; seizure by law enforcement officers.........................................................HB 1305 Richmond County; motor vehicle registration.............................................................HB 1477 Savannah State College; special tags...............................................................................HB 587 Savannah State College; special tags................................................................................SB 344 Shriners; special tags.............................................................................................................SB 37 Special plates; transfer fee................................................................................................HB 164 Staggered registration; certain counties ..........................................................................HB 448 State Defense Force; special tags......................................................................................SB 311 Tax; prorated fee................................................................................................................HB 447 Veterans awarded Purple Heart citation; special tags................................................HB 1433
LICENSES (Also, see Named License) Adult day-care homes......................................................................................................HB 1485 Alcoholic beverages; in-room sales by hotel; license.....................................................HB 227 Athlete agents; regulation................................................................................................HB 1373 Athlete agents; regulation ..................................................................................................SB 423 Audio stress examiners; regulation ..................................................................................HB 837 Board of Engineers and Land Surveyors; continuation..............................................HB 1503 Board of Medical Examiners; attend seminar; requirements....................................HB 1846 Contractors;requirements................................................................................................HB 1381 Day-care centers; licensure; certain exemption..............................................................HB 608 Dentistry; define practice ..................................................................................................HB 685 Distress merchandise sales, fire sales, and going out of business sales; regulation.............................................................................................HB 1875 Driver's license; correct invalid information; authorization.......................................HB 1334 Driver's license; suspension; notification; fees ................................................................SB 545 Driver's license; suspension; signed statement.............................................................HB 1258 Firearms; lost license; requirements for new permit.....................................................HB 612
Fire extinguishers and systems; regulation...................................................................HB 1368 Flea markets; regulate merchants.....................................................................................SB 555
Foresters, State Board of Registration; appointment....................................................SB 550
Georgia Radon Safety Act; enact...................................................................................HB 1750 Georgia Real Estate Appraisers Board; create.............................................................HB 1764

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2774

INDEX

LICENSES (Also, see Named License) (Continued) Habitual offender; probationary driver's license to attend certain meetings ............................................................................................................HB 1870 Hospitals; fees; appropriate to Indigent Health Care Provider Reimbursement Fund...................................................................................................HB 1770 Hunter education course; certification............................................................................HB 489 Hunting and fishing; nonresidents; elderly...................................................................HB 1597 Hunting; waterfowl; reciprocity with South Carolina ...................................................HR 742 Insurance; surplus line brokers.......................................................................................HB 1490 Interior designers ................................................................................................................HB 959 Investment advisory business; regulate.........................................................................HB 1566 Leased vehicles; registration ...........................................................................................HB 1328 Malt beverages; sell for consumption on premises ......................................................HB 1733 Marriage license; additional fee......................................................................................HB 1154 Marriage license; AIDS testing; requirements ...............................................................HB 604 Master therapeutic recreation specialist; licensing......................................................HB 1237 Military; personal identification cards; issuance ...........................................................HB 680 Mortgage brokers................................................................................................................HB 979 Motor carriers; amend provisions...................................................................................HB 1282 Motor vehicle registration; tax; prorated fee..................................................................HB 447 Motor vehicles; staggered registration; certain counties...............................................HB 448 Occupational therapists; licensing; termination ...........................................................HB 1377 Organ procurement organizations; licensing...................................................................HB 542 Physician's assistants; amend provisions .........................................................................SB 499 Professional counselors; licensure ....................................................................................HB 600 Psychology; requirements ................................................................................................HB 1619 Real estate; brokers and salespersons; continuing education ....................................HB 1681 Sanitarians; regulation ........................................................................................................SB 420 State Board of Architects; termination date................................................................HB 1559 State licensing boards; expense allowance ......................................................................HB 252 State Medical Education Board; executive director; employment............................HB 1483 Warehouses...........................................................................................................................SB 441 Water well pump installers .............................................................................................HB 1487
LIENS AND MORTGAGES Cancellation; recording procedures ................................................................................HB 1649 Damage to certain property; felony over $500.............................................................HB 1431 Fair Business Practices; mortgage debt assistance; prohibitions .................................SB 648 Filing requirements ............................................................................................................HB 713 Foreclosure; certain real estate sales; notice ................................................................HB 1878 Georgia Farm Debt Mediation Act; enact ....................................................................HB 1591 Insurance premiums and taxes; timely payment ...........................................................HB 980 Mechanics' and materialmen's liens; certain public property ...................................HB 1458 Mechanics' and materialmen's liens; non-licensed air conditioning contractor; exemption ..................................................................................................HB 1319 Mortgage brokers; licensing...............................................................................................HB 979 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Mortgages; escrow accounts; interest...............................................................................HB 331 Property; writ of possession; form of summons..............................................................SB 610 Real estate transfer tax; forms furnished to tax assessors.........................................HB 1817 Real estate transfer tax; housing surchange.................................................................HB 1338 Residential and family farm mortgages; amend provisions..........................................SB 479 Residential property; lending requirements; survey....................................................HB 1868 Residential property; lending requirements; termite inspection...............................HB 1869
LIEUTENANT GOVERNOR Communications .....................................................................................................Pages 124, 126 Salary ..................................................................................................................................HB 1195

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2775

LIFE INSURANCE Benefit certificates; requirements ..................................................................................HB 1590 Georgia Life and Health Insurance Guaranty Association; applicability ................HB 1671 Guardian for certain beneficiary; authority to contract ................................................SB 300 Insurable interest; corporate officers and employees..................................................HB 1589 Merit System; certain insurance contracts; jurisdiction of Personnel Board.........................................................................................................HB 560 Retirement benefits; beneficiary change; notify spouse ...................................................HB 4 Surplus line brokers; licensing........................................................................................HB 1490
LILBURN POLICE DEPARTMENT; commend.....................................................HR 1000
LINCOLN COUNTY; chief magistrate; appointment...................................................SB 607
LINCOLN COUNTY HIGH SCHOOL RED DEVILS FOOTBALL TEAM; invite to House..........................................................................HR 835
LITHONIA, CITY OF; mayor and council; vacancies...................................................SB 666
LITTLE, TROOPER FIRST CLASS MICKEY Commend.............................................................................................................................HR 862 Georgia State Patrol; invite to House .............................................................................HR 832
LIVESTOCK Equines; humane care......................................................................................................HB 1730 Fees for impounding...........................................................................................................HB 826
LOANS Bad checks; amend certain immunity provision............................................................HB 634 Commercial Code; disposition of collateral after default ...........................................HB 1643 Contracts; certain commitments in writing ..................................................................HB 1536 Emerging crops loan fund; create - CA...........................................................................HR 781 Export Finance Fund; create - CA..................................................................................HR 659 Export finance program; establish .................................................................................HB 1484 Finance Department; notice requirement.......................................................................HB 283 Hospitals; state to make loans - CA................................................................................HR 584 Industrial loans; license applicant; advertisement.........................................................HB 379 Interest and usury; rate on certain loans......................................................................HB 1416 Investments; loans guaranteed by United States Student Aid Funds .....................HB 1247 Mortgage brokers; licensing...............................................................................................HB 979 Motor Vehicle Sales Finance; sublease prohibitions ...................................................HB 1449 Residential and family farm mortgages; amend provisions ..........................................SB 479 Residential property; lending requirements; survey....................................................HB 1868 Residential property; lending requirements; termite inspection...............................HB 1869 Small minority business development corporations; create..........................................SB 569 Special service districts; temporary loans - CA.............................................................HR 626
LOBBYING Communications from Secretary of State.........................................Pages 127, 184, 477, 696, 976 2385, 2692 Courts; continuances; certain registered agents...........................................................HB 1161 Written authorization .........................................................................................................SB 345
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Abandoned cemeteries; counties to maintain...............................................................HB 1594 Act increasing expenditure; effective date - CA............................................................HR 748 Ad valorem tax; determination of millage rates ..........................................................HB 1534 Ad valorem tax; municipal development authorities .....................................................SB 611 Airports; counties and municipalities register as operators .........................................HB 942 Airports; lease certain property......................................................................................HB 1238

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2776

INDEX

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Animal Protection Act; amend provisions....................................................................HB 1150 Annexation; certain notice; requirement.......................................................................HB 1375 Annexation; contiguous area; definition........................................................................HB 1374 Annexation; county population...........................................................................................HB 66 Annexation; zoning plans; county population ..................................................................HB 77 Appropriation for charitable contributions; repeal certain Section..........................HB 1777
Appropriation for charitable contributions; repeal population classification..................................................................................................................HB 1776
Area planning and development commissions; review of certain developments......................................................................................................HB 281
Audit and budget; file reports with Community Affairs............................................HB 1420 Boards of education; meeting places; requirement......................................................HB 1422
Boards of equalization; selection of membership ........................................................HB 1278 Business license; levy by county; criteria for assessment...........................................HB 1657
Civil service system; applicability of certain laws.......................................................HB 1357 Community Affairs, Department of; amend provisions.................................................SB 475
Community Affairs, Department of; grants to counties and municipalities.........................................................................................................HB 1036
Contractors; public work; bid bonds................................................................................HB 636 Counties and municipalities; assume corporate powers; charter...............................HB 1222
Counties and municipalities; bonds; legal fees...............................................................HB 273
Counties and municipalities; electronic security systems; installation prohibitions..................................................................................................SB 630
Counties and municipalities; land use plans; zoning power - CA.................................HR 44
Counties and municipalities; multiyear agreements......................................................HB 256 Counties and municipalities; multiyear contracts; enact general law - CA.................HR 63
Counties; board of commissioners; requirement ..............................................................HB 88 Counties; employment benefits; provide..........................................................................SB 102
County and Municipal Governing Authority; election..................................................HB 345 County boards of equalization; alternate members; appointment............................HB 1465
County correctional institutions; confer police powers upon wardens ........................SB 476 County officials; cost-of-living adjustments ....................................................................SB 463
County officials; vacancies in offices; personnel.............................................................SB 409 County tax digests; review and equalization................................................................HB 1279
DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910
Development Authorities Law; office building owned by charitable corporation..................................................................................................HB 1303
Downtown development authorities; contracts; authorization...................................HB 1502
Downtown development authorities; include certain health care facilities.....................................................................................................................SB 577
Fees for fire protection services .....................................................................................HB 1463 Fulton County; board of commissioners; certain disclosure......................................HB 1372 Fulton County; grants for charitable purposes............................................................HB 1679
George L. Smith II Georgia World Congress Center Authority; trade show facilities......................................................................................................HB 1035
Housing authorities; joint cooperation; urban residential finance authority...........................................................................................................HB 1499
Increased expenditures effective in January following enactment - CA.....................SR 396
Indictments of public officials; municipal officers......................................................HB 1425 Insurance; premium taxes; date of collection...............................................................HB 1160
Insurance premiums; counties; reduction of ad valorem tax.....................................HB 1259 Interment of deceased indigents; payment...................................................................HB 1732
Jail Construction and Staffing Act; enact.......................................................................SB 629 Jails; grants to municipalities and counties ....................................................................SB 546
Joint Municipal Employees' Benefit System; investment of benefits......................HB 1351 Joint Study Committee on Area Planning and
Development Commissions; create................................................................................SR 264

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2777

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Land use planning and development...............................................................................HB 330 Law enforcement officers; certain assistance; liability of state...................................HB 446 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Law libraries; costs collected in recorder's couit............................................................SB 176 Libraries; board of trustees; membership .....................................................................HB 1397 Litter control; urge enforcement of laws.........................................................................HR 634 Mapping Advisory Board; create.......................................................................................SB 437 Metropolitan Area Planning and Development Commission; membership.............HB 1193 Multiyear leases; terms ....................................................................................................HB 1550 Municipal courts; jurisdiction; furnishing alcoholic beverages to minors ...........................................................................................................................SB 141 Municipal courts; traffic fines; payment...........................................................................HB 68 Municipal Gas Authority; retirement and employee benefits ...................................HB 1512 Municipalities; annexation ................................................................................................HB 364 Municipalities; business improvement districts ...........................................................HB 1442 Municipalities; fines from certain criminal cases ..........................................................HB 116 Municipalities; nonjudicial offices; residency requirement ...........................................SB 408 Municipalities; water and sewer services; responsibility ..............................................HB 773 Officer and employee; prohibited sales of property; amend.........................................SB 617 Open meetings.....................................................................................................................HB 215 Open meetings; amend provisions.....................................................................................SB 394 Property purchases; independent appraisal..................................................................HB 1798 Public records; inspection ..................................................................................................SB 435 Public safety employees; mutual aid in emergencies..................................................HB 1285 Public works contracts; bid procedure; Bibb County .................................................HB 1567 Quality Basic Education; fair share funds....................................................................HB 1152 Recreational set-aside property; certain transfer ........................................................HB 1192 Reorganization; vote in unincorporated area of county................................................................................................................HB 1715 Revenue bonds; "undertaking"; amend definition ........................................................HB 936 Rivers; protection of water supplies ..............................................................................HB 1575 Seat belts; posting signs promoting usage ......................................................................HR 593 Service marks; registration.................................................................................................SB 558 Solid waste collection; regulation......................................................................................SB 531 Solid waste disposal sites; restrict permits......................................................................SB 453 Special county sales tax; separate project; referendum..............................................HB 1603 Special purpose county sales tax; effective date; amend provisions.........................HB 1472 Superior courts; sessions held outside county site ......................................................HB 1325 Surveyors; qualifications; amend application...............................................................HB 1675 Tax executions; prohibit payment by certain officials ...............................................HB 1280 Tax returns; confidential information; furnish to certain persons .............................HB 118 Urban residential finance authority for large municipalities; definitions ......................................................................................................................HB 1501 Zoning; certain campaign contributions; disclosure ......................................................HB 113 Zoning power .......................................................................................................................HB 701 Zoning procedures; definition .........................................................................................HB 1185 Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571
LOCUST GROVE POLICE DEPARTMENT; commend ........................................HR 808
LOFTIN, JERRY W.; commend.......................................................................................HR 972
LOGANVILLE, CITY OF; new charter .......................................................................HB 1903

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2778

INDEX

LONG COUNTY Board of commissioners; establish.................................................................................HB 1341 Board of education; election ...........................................................................................HB 1676
LOTTERY House Pari-mutuel and Lottery Wagering Study Committee; create........................HR 973 Prohibitions; delete provision - CA.................................................................................HR 299 State lottery; provide .........................................................................................................HB 204 State lottery; provide - CA..................................................................................................HR 54 State lottery; provide - CA................................................................................................HR 698
LUMPKIN COUNTY Homestead exemption; elderly ..........................................................................................SB 674 Sheriff Kenneth Seabold; commend................................................................................HR 853

M

MACON, CITY OF Cherry Blossom Festival; commend certain persons.....................................................HR 719 Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; amend provisions..............................................................SB 661
MACON COUNTY Abolish state court; transfer cases to superior court.....................................................SB 506 Vehicle registration; designated periods ..........................................................................SB 445
MADISON, CITY OF; corporate limits ...........................................................................SB 675
MADISON COUNTY Board of commissioners; election and terms................................................................HB 1822 Board of commissioners; meetings; chairman's salary................................................HB 1873 Board of education; election and terms........................................................................HB 1823
MADISON COUNTY HIGH SCHOOL Boys basketball team; commend....................................................................................HR 1045 Girls basketball team; commend....................................................................................HR 1037
MAGISTRATE COURTS Appeals; state courts; certain decisions.........................................................................HB 1235 Bad checks; jurisdiction......................................................................................................SB 195 Courts; juvenile proceedings; certain designations......................................................HB 1738 Election of chief magistrate ...............................................................................................SB 194 Extradition; jurisdiction .....................................................................................................SB 201 Family violence; temporary emergency relief...............................................................HB 1291 Family violence; temporary protection orders .............................................................HB 1290 Fulton County; special fund ..............................................................................................SB 253 Jurisdiction..........................................................................................................................HB 220 Law library fees ....................................................................................................................HB 15 Magistrates; minimum salary.............................................................................................SB 197 Peace Officer and Prosecutor Training Fund; applicability......................................HB 1202 State courts; appeals........................................................................................................HB 1544 Unpaid judgments; certain fees......................................................................................HB 1391
MALONE, MR. AND MRS. J. E.; commend...............................................................HR 768
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Alcohol content...................................................................................................................HB 199
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INDEX

2779

MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) (Continued) Churches; distance requirements....................................................................................HB 1210 Excise tax.............................................................................................................................HB 758 Home production; regulation............................................................................................HB 272 Sell for consumption on premises..................................................................................HB 1733
MANCHESTER, CITY OF; board of commissioners; election ................................HB 1857
MANIS, HOWARD BRETT; commend.........................................................................HR 907
MANSFIELD, CITY OF; new charter..........................................................................HB 1708
MARGARET MITCHELL; preservation of apartment building................................SR 296
MARIETTA, CITY OF Ad valorem tax; additional levy.....................................................................................HB 1658 Corporate limits................................................................................................................HB 1922 Downtown Marietta Development Authority; pigeon control program ...................HB 1510 Homestead exemption......................................................................................................HB 1808 Marietta State Properties Commission; new lease........................................................HR 799
MARIJUANA Controlled substances or marijuana; unlawful to be in room where being used.............................................................................................................HB 251 Court jurisdiction; offense of production..........................................................................HB 22 Trafficking or possession; amend provisions..................................................................HB 767 Trafficking; penalty............................................................................................................HB 101 Trafficking; penalty............................................................................................................HB 248 Trafficking; weight provisions ..........................................................................................HB 922
MARION COUNTY; motor vehicles; designated registration...................................HB 1809
MARKETS; flea markets; regulate merchants.................................................................SB 555
MARR, PATRICIA; National Middle School Counselor of the Year; commend.....HR 893
MARRIAGE (Also, see Domestic Relations) AIDS testing; license requirements..................................................................................HB 604 Biological father; establish relationship with child.....................................................HB 1773 Common law marriage; validity........................................................................................HB 952 Criminal trespass; spouse's intentional damage to property.....................................HB 1178 License; additional fee.....................................................................................................HB 1154 Marriage and family therapy; law degree; fulfill license requirement .....................HB 1701 Professional counselors; licensure ....................................................................................HB 600 Professional counselors, social workers, and marriage and family therapists; privileged communications........................................................................HB 393
MARSHALL, DR. GEORGE O., JR.; commend.........................................................HR 608
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Board of directors meet with local governing bodies....................................................HB 733 Bus Passenger Safety Act; amend provisions...............................................................HB 1629 Contract certain services; purchasing; bids ..................................................................HB 1580 Contracts; procedures.......................................................................................................HB 1513 Future completion and operation of additional rail system ........................................HB 699 Use of revenues for construction....................................................................................HB 1194
MARTIN, KATHRYN B.; commend............................................................................HR 1046
MASSEY, ABIT; Gainesville Rotary Club Man of the Year; commend....................HR 958
MATHIS, GLYNN; recognize ..........................................................................................HR 999

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2780

INDEX

MATTHEWS, RACHEL ELIZABETH; commend.....................................................HR 986
MCCLAIN, KATRINA; commend ..................................................................................HR 605
MEADOWS, LINDA; commend.......................................................................................HR 949
MEANS, JAMES A.; commend........................................................................................HR 983
MEDICAL COLLEGE OF GEORGIA; commend ......................................................HR 565
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEEKS, HEATHER; invite to House.............................................................................HR 629
MEETINGS Deceptive practice; false reasons for seminar or meeting...............................................SB 52 Open meetings; amend provisions..................................................................................HB 1344 Open meetings; amend provisions.....................................................................................SB 394 State and local government; open meetings ...................................................................HB 215
MENTAL HEALTH Alcohol and drug abuse; allocate money for treatment programs - CA ......................HR 13 Alzheimer's Disease; placement of patients; urge study...............................................HR 635 Child and adolescent screening program; requirements................................................SB 641 Civil practice; inspection of documents; exemption....................................................HB 1301 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Crimes; mentally retarded persons; responsibility ........................................................HB 878 Guardianship hearings; compensation; certain attorneys......................................,......HB 371 Guardianship; incapacitated adults; certain certificates.............................................HB 1557 Guardianship; probate judge; custodian of certain funds ............................................HB 586 Homelessness in Georgia Study Committee; create ......................................................HR 214 House Children's Mental Illness Study Committee; create.........................................HR 342 Involuntary emergency treatment; authorization; certain persons ...........................HB 1498 Kidnapping; interference with custody .........................................................................HB 1384 Mentally ill persons; release of certain information; immunity ..................................HB 152 Northwest Georgia Regional Hospital; name certain buildings ..................................HR 783
MERIT SYSTEM (Also, see State Employees or State Government) Certain insurance contracts; jurisdiction of Personnel Board.....................................HB 560 Employee hearings; representation....................................................................................HB 83 Night shift duty; salary supplement.................................................................................SB 406 Overtime pay; certain exceptions........................................................................................SB 21 Prohibit dismissal for refusing polygraph........................................................................SB 410
MILITARY AFFAIRS Emergency management; local organizations; repeal state grants ..............................HB 404 Employees' Retirement; certain credit............................................................................HB 110 Employees' Retirement; certain military service; credit...............................................HB 822 Georgia War Veterans Cemetery; establish....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Hodges, General Courtney Hicks; place plaque outside building...............................HR 905 License plates; special tags for Pearl Harbor survivors................................................HB 429 Military retirement and disability benefits; express support for pending Congressional resolution.................................................................................HR 978 Military scholarship; eligibility requirements................................................................HB 174 National Guard; certain persons; special license plates ................................................SB 458 North Georgia College military scholarships; selection ................................................HB 401 Personal identification cards; issuance............................................................................HB 680 Prisoner of war and missing in action flag; urging display..........................................HR 977 Prisoners of War; urge Congress secure return..............................................................HR 632 Public officials and employees; compensation for duty ................................................SB 182

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INDEX

2781

MILITARY AFFAIRS (Continued) Retired peace officers; certification requirements.......................................................HB 1740 Retirement income; exemption.........................................................................................HB 299 Special license plates; honorably discharged veterans................................................HB 1428 Special license plates; Pearl Harbor veterans..............................................................HB 1430 Special license plates; veterans awarded Purple Heart citation...............................HB 1433 State Defense Force; special tags......................................................................................SB 311 Teachers Retirement; military school service; credit....................................................HB 725 Vietnam Memorial; erect on grounds of Floyd Building..............................................HR 664
MILLEDGEVILLE, CITY OF; corporate limits...........................................................SB 174
MILLEN, CITY OF; new charter...................................................................................HB 1286
MILLER, COACH MILT Commend.............................................................................................................................HR 583 Worth County High School football team; invite to House ........................................HR 728
MILLER COUNTY; state court; create........................................................................HB 1677
MILLER, REBECCA JANE; compensate.....................................................................HR 705
MINERAL RESOURCES Sales tax exemption; certain materials used in manufacturing granite.....................HB 532 Tax records; requirements...............................................................................................HB 1293
MINING AWARENESS WEEK; proclaim April 24-30............................................HR 1030
MINORS Abortion; parental notification; signed statement..........................................................SB 621 Accident and sickness policies; coverage for adopted children.................................HB 1527 Adoption; certain relatives; grandparents' visitation rights.......................................HB 1389 Adoption; provide information regarding birth parents..................................................SB 63 Adoption; special needs children; payments to certain agencies .................................SB 422 Adoption; waive certain requirement..............................................................................HB 235 Aggravated child molestation; bail requirement............................................................HB 714 Aggravated child molestation; definition of offense....................................................HB 1354 Alcoholic beverage sales; age verification......................................................................HB 1322 Alcoholic beverage sales; duty to verify age.................................................................HB 1765 Alcoholic beverage sales; minors; municipal court jurisdiction ....................................SB 141 Alcoholic beverage sales; persons under 21 years; prohibitions................................HB 1181 Alcoholic beverage sales; proper identification; prohibit traffic citation................................................................................................................HB 1790 Alimony and child support; action by spouses............................................................HB 1704 Alimony and child support; amend provisions...............................................................HB 702 Alimony and child support; dependent child; definition............................................HB 1174 Biological father; establish relationship with child.....................................................HB 1773 Child abuse; amend reporting provisions........................................................................HB 415 Child Abuse Protocol Committee; composition..............................................................SB 640 Child abuse; reporting by certain persons....................................................................HB 1355 Child custody; age to select parent...................................................................................SB 612 Child custody; proceedings; define.................................................................................HB 1509 Child custody; removal of child from state; requirements.........................................HB 1177 Child custody; visitation rights; address requirement................................................HB 1294 Child custody; visitation rights; residency requirements .............................................HB 964 Child Health Services Act; create..................................................................................HB 1520 Child Health Services Act; create.....................................................................................SB 576 Child labor; employment during vacation; regulations...............................................HB 1361 Child placement agencies; special needs children; payments ....................................HB 1363 Child Pornography Study Committee; create................................................................HR 127

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2782

INDEX

MINORS (Continued) Child restraint; motor vehicles; requirements..................................................................HB 71 Children and Youth Study Committee; create ................................................................HR 19 Children's Services Commission; create..........................................................................HB 192 Code of Georgia; references to illegitimate or bastard; amend .................................HB 1612 Commission of Children and Youth; create .................................................................HB 1371 Controlled substances; distribution to minors; penalty..................................................HB 96 Controlled substances; distribution to minors; penalty ................................................HB 103 Courts; juvenile proceedings; certain designations......................................................HB 1738 Crimes; false identification documents; penalty for manufacturing, selling, or distributing.....................................................................................................SB 511 Crimes; offender tried as adult; age limit.......................................................................HB 640 Cruelty to children; certain pregnant females .............................................................HB 1380 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Day camp facility; regulation by Human Resources...................................................HB 1610 Death penalty; offense against person under 17.............................................................SB 563 Death penalty; persons under 18; prohibitions..............................................................HB 777 Driver's license; Class 1 instruction permits; certain prohibitions ...........................HB 1696 Driver's license; minimum age after certain convictions............................................HB 1166 Employment during school hours ..................................................................................HB 1445 Evidence; offense against minor; spouse's testimony....................................................HB 181 Grandparents; visitation rights.......................................................................................HB 1434 Grandparents; visitation rights..........................................................................................SB 549 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Handicapped children; special educational services; certain funds ..........................HB 1404 Homeless Children and Street Prostitution Study Committee...................................HR 572 House After School Care Program Study Committee; create .......................................HR 14 House Children's Mental Illness Study Committee; create .........................................HR 342 House Teenage Pregnancy Study Committee; create.....................................................HR 15 Income tax; child care and household expenses; credit................................................HB 671 Income tax; contribution of property to certain youth organizations; credit.......................................................................................................HB 999 Income tax; special needs child; exemption...................................................................HB 672 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300 Juvenile proceedings; certain traffic offenses; jurisdiction...........................................HB 290 Juvenile proceedings; certain traffic or waterways offense; jurisdiction.........................................................................................................SB 147 Juvenile proceedings; definition of child ........................................................................HB 870 Juvenile proceedings; jurisdiction.......................................................................................SB 20 Juvenile proceedings; program of state subsidies.............................................................SB 89 Mental health; child and adolescent screening program; requirements......................SB 641 Minors engaging in sexual conduct; unlawful depictions.............................................HB 223 Missing child report; notification.....................................................................................HB 891 Missing Children Information Center; age definition...................................................HB 228 Motor vehicles; seat belts.....................................................................................................SB 29 School vacation months; employment...........................................................................HB 1752 Sexual exploitation of children; penalties.....................................................................HB 1226 Sexual exploitation of children; penalties.....................................................................HB 1356 Sexual offenses; age of consent...........................................................................................HB 41 Sexual offenses; age of consent .............................................................................................SB 5 Sexual offenses; certain offenders; registration with sheriff......................................HB 1346 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179
Sexual offenses; pandering or solicitation.....................................................................HB 1221
Tattoos; persons under 18; certain prohibitions .............................................................SB 557
Tobacco products; prohibitions........................................................................................HB 139
Tobacco products; regulate sales......................................................................................HB 695
Torts; intoxicated persons; liability for acts.................................................................HB 1495

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INDEX

2783

MINORS (Continued) Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Torts; wrongful death of parent; action by child ...........................................................SB 259 Viewing certain nude and sexual conduct; prohibitions.............................................HB 1843
MITCHELL COUNTY Board of commissioners; election...................................................................................HB 1552 Judge and solicitor; compensation.................................................................................HB 1551
MITCHELL, ROBERT ALAN; commend....................................................................HR 736
MITCHELL, SCOTT; commend ....................................................................................HR 1002
MIZE, LARRY;commend..................................................................................................HR 562
MOBILE HOMES Ad valorem tax; definition ................................................................................................HB 700 Motor vehicle certificate of title; requirements ...........................................................HB 1114
MONROE COUNTY; board of commissioners; terms ................................................HB 1560
MONTGOMERY COUNTY; chief magistrate; appointment ...................................HB 1713
MOORE, DUNCAN; commend .......................................................................................HR 916
MOORE FAMILY REUNION; commend.....................................................................HR 567
MOORE, FRED AND LOCUST GROVE POLICE DEPARTMENT Commend-----..----.....----....----..--------------..................................................HR 808
MOORE, REVEREND GEORGE; commend .............................................................HR 1061
MOORE'S MILL BRIDGE; designate...........................................................................HR 551
MORELAND, HONORABLE THOMAS D.; commend...........................................HR 751
MORGAN COUNTY; magistrate court; law library fees ...........................................HB 1651
MORRIS, THOMAS, JR.; commend .............................................................................HR 943
MORROW HIGH SCHOOL Football team and Coach Bud Theodocion; commend..................................................SR 320 Varsity football team; invite to House............................................................................HR 666
MOSBY, MR. NATE; commend ...................................................................................HR 1057
MOSELEY, J. BROWN; compensate ............................................................................HR 108
MOSS, CHIEF WILLIAM M.; commend......................................................................HR 606
MOTOR CARRIERS Annual reports; regulation.................................................................................................HB 418 Licensing; amend provisions...........................................................................................HB 1282 Public Service commission enforcement personnel; citations......................................HB 967 Vehicles for hire; certain exemption................................................................................HB 743 Vehicle transporting forest products...............................................................................HB 859 Weight, length and special loads; permits....................................................................HB 1548
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Agricultural aircraft; exemption.......................................................................................HB 790 Change rate...................;........................................................................................................HB 65 Imposition by county.........................................................................................................HB 518 Quarterly or annual reports..............................................................................................HB 419

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2784

INDEX

MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas
Service or Motor Vehicles and Traffic) (Continued) Rate.......................................................................................................................................HB 440 Rate change.........................................................................................................................HB 318 Refunds................................................................................................................................HB 420 Urge Congress to take certain action ..............................................................................HR 661
MOTOR VEHICLE ACCIDENT INSURANCE Accident; claim against party at fault..............................................................................SB 578 Adding or stacking coverage; prohibit..............................................................................SB 658 After-market parts in motor vehicle repairs; identification.......................................HB 1839 Annual reports; certain requirement...............................................................................HB 394 Annual reports; certain requirement................................................................................SB 134 Certain persons; exemption...............................................................................................HB 983 Certain state owned vehicles.................................................................................................HB 5 Certificates of self-insurance...........................................................................................HB 1030 Claimant; provide certain information..........................................................................HB 1515 Create joint study committee............................................................................................SR 316 Damaged safety equipment; coverage for certain repairs .............................................SB 559 Driving without proof; penalty.........................................................................................HB 274 Human Resources, Department of; define nonprofit agencies ..................................HB 1519 Insurance premiums; regulation.......................................................................................HB 168 Interlocal risk management agencies; boards of education...........................................SB 438 Mailing refusal notices; prohibitions.............................................................................HB 1268 Maximum coverage; notification of price........................................................................HB 588 Non-payment of premium.................................................................................................HB 313 Nonrenewal of certain types of policies; filing requirements ....................................HB 1031 Optional coverage; requirement......................................................................................HB 1587 Provide for collision damage waivers.............................................................................HB 1641 Rate change due to age; prohibitions............................................................................HB 1312 Regulating value; total loss claims....................................................................................SB 540 Restricted driving permits...............................................................................................HB 1570 Revise requirements...........................................................................................................HB 673 Uninsured motorist; deductible amount.......................................................................HB 1588 Uninsured motor vehicle; seizure after certain convictions.......................................HB 1167
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; notification...........................................................................SB 442 Abandonment; disposition of vehicle and parts...........................................................HB 1471 Abandonment; unattended vehicle checks....................................................................HB 1385 Abandonment; waive certain notice.................................................................................HB 658 Ad valorem tax assessment; dealers...............................................................................HB 1299 Ad valorem tax; exempt certain church-owned vehicles ............................................HB 1225 Ad valorem tax; mobile homes .........................................................................................HB 823 Alcohol and drug courses; segment on consumption while pregnant.......................HB 1668 Alcohol and Drug Safety Course; license requirement ...............................................HB 1133 Alcoholic beverage purchases; proper identification; prohibit traffic citation................................................................................................HB 1790 Alcoholic beverages; consumption while driving............................................................HB 635 All-terrain vehicles; definition........................................................................................HB 1470 All-terrain vehicles; prohibit operations on highways.................................................HB 1468 Annual safety inspection .................................................................................................HB 1583 Antique automobiles; ad valorem tax; maximum value - CA......................................HR 240 Automobile insurance; create joint study committee.....................................................SR 316 Bailments; garage and parking lots; security requirements..........................................SB 171 Certain materials on windows; prohibitions.................................................................HB 1507 Certain stickers; prohibitions............................................................................................HB 172 Certificate of title; mobile homes; requirements.........................................................HB 1114

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INDEX

2785

MOTOR VEHICLES AND TRAFFIC (Continued) Certificate of title; rebuilt vehicles ..................................................................................HB 530 Certificate of title; salvaged or rebuilt vehicle ...............................................................HB 159 Certificate of title; three wheeled or all terrain vehicle; exemption...........................HB 867 Child restraint; requirements..............................................................................................HB 71 Colleges outside of state; special license plates ...........................................................HB 1262 Consumption of alcoholic beverages while driving........................................................HB 674 County jails; construction; certain fees - CA ..................................................................SR 347 Crimes; conversion of certain leased property; penalty limits...................................HB 1561
Crimes; conversion of leased property; punishment ......................................................SB 599
Crimes; false identification documents; penalty for manufacturing, selling, or distributing .....................................................................................................SB 511
Driver's license; certain convictions; notification within 10 days .............................HB 1467
Driver's license; Class 1 instruction permits; certain prohibitions ...........................HB 1696 Driver's license; correct invalid information; authorization.......................................HB 1334
Driver's license; deposit in lieu of bail; receipt............................................................HB 1287 Driver's license; driving while license revoked; felony................................................HB 1337 Driver's license examiners; deputy registrars..................................................................SB 365
Driver's license; minimum age after certain convictions............................................HB 1166 Driver's license; suspension; notification; fees ................................................................SB 545
Driver's license; suspension or revocation; failure to pay fine ..................................HB 1023 Driver's license; suspension; signed statement.............................................................HB 1258
Driver's license; written exam; date requirement...........................................................SB 117 Driving under the influence; blood alcohol content; amend......................................HB 1660
Driving under the influence; certain violations; specify acts in other jurisdictions........................................................................................................HB 37
Driving under the influence; chemical tests; amend provisions ..................................HB 793
Driving under the influence; drivers' license reinstatement; requirements......................................................................................................................HB 50
Driving under the influence; fines; prohibit installment payments............................HB 675
Driving under the influence; implied consent; certain fatal accidents.....................HB 1412 Driving under the influence; serious injury by vehicle; penalty..................................HB 796
Driving under the influence; standards for chemical tests ...........................................SB 317 Education; remove driver education courses for enrollment counts.........................HB 1728
Emergency medical services systems; support from certain funds ...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323
Emergency vehicles; blue lights; permit........................................................................HB 1743 Fleeing or eluding an officer; penalty..............................................................................HB 360 Funeral Procession Act; enact..........................................................................................HB 437
Habitual offender; probationary driver's license to attend certain meetings ............................................................................................................HB 1870
Handicapped parking; change color of permits ..............................................................SB 574 Handicapped parking; enforcement; appointment of certain persons......................HB 1475
Handicapped parking; penalty for violation.................................................................HB 1876 Handicapped parking; renovation of facility; certain spaces........................................SB 608
Handicapped parking; signs or markings; designation requirements .........................HB 911 Highways; left-turn only lanes; restrictions..................................................................HB 1288 Highways; length of vehicle; special permits..................................................................HB 170
Highways; length of vehicles transporting boats ...........................................................HB 129 Highways; length of vehicles transporting boats ...........................................................HB 130
Highways; securing loads of pulpwood or logs.............................................................HB 1665 Highways; speed detection devices; remove certain prohibition .................................HB 792
Highways; turn-only lane; distance requirement ............................................................SB 587 Highways; weight and load; enforcement........................................................................HB 849
Highways; weight, length and certain loads; permits..................................................HB 1548 House Vehicle Weight Study Committee; create ..........................................................HR 812
Human Resources, Department of; certain insurance; define nonprofit agencies.........................................................................................................HB 1519

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2786

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Insurance; after-market parts in motor vehicle repairs; identification..................................................................................................................HB 1839 Insurance; certain persons; exemption............................................................................HB 983 Insurance; certain state owned vehicles..............................................................................HB 5 Insurance; certificates of self-insurance........................................................................HB 1030 Insurance; claim against party at fault............................................................................SB 578 Insurance; damaged safety equipment; coverage for certain repairs...........................SB 559 Insurance; driving without proof; penalty ......................................................................HB 274 Insurance; maximum coverage; notification of price.....................................................HB 588 Insurance; non-payment of premium ..............................................................................HB 313 Insurance; nonrenewal of certain types of policies; filing requirements........................................................................................................HB 1031 Insurance; optional coverage; requirement...................................................................HB 1587 Insurance; provide for collision damage waivers..........................................................HB 1641 Insurance; rate change due to age; prohibitions..........................................................HB 1312 Insurance; regulating value; total loss claims..................................................................SB 540 Insurance; restricted driving permits.............................................................................HB 1570 Insurance; revise requirements.........................................................................................HB 673 Insurance; uninsured motorist; deductible amount.....................................................HB 1588 Juvenile proceedings; certain offenses; jurisdiction.......................................................HB 290 Juvenile proceedings; certain traffic or waterways offense; jurisdiction........................................................................................................................SB 147 Juvenile traffic offenses; definitions................................................................................HB 314 Leased vehicles; registration ...........................................................................................HB 1328 License plates; Armstrong State College.......................................................................HB 1462 License plates; Atlanta University; special tags...........................................................HB 1480 License plates; Civil Air Patrol; special tags..................................................................HB 919 License plates; Clark College; special tags....................................................................HB 1332 License plates; Columbus College; special tags............................................................HB 1624 License plates; Georgia College; special tags...................................................................SB 505 License plates; honorably discharged veterans; special tags......................................HB 1428 License plates; LaGrange College; special tags...............................................................SB 554 License plates; Macon Junior College; change name..................................................HB 1516 License plates; National Guard; retired members.......................................................HB 1308 License plates; Oglethorpe University; special tags ....................................................HB 1219 License plates; Paine College; special tags ...................................................................HB 1079 License plates; payment of portion of fee; date...........................................................HB 1307 License plates; Pearl Harbor survivors; special tags......................,..............................HB 429 License plates; Pearl Harbor veterans; special tags....................................................HB 1430 License plates; rental trailers............................................................................................HB 163 License plates; retired National Guard; new dealer registration.................................SB 458 License plates; revocation; seizure by law enforcement officers ...............................HB 1305 License plates; Savannah State College; special tags....................................................HB 587 License plates; Savannah State College; special tags.....................................................SB 344 License plates; Shriners; special tags .................................................................................SB 37 License plates; State Defense Force; special tags...........................................................SB 311 License plates; transfer fee; special tags.........................................................................HB 164 License plates; veterans awarded Purple Heart citation............................................HB 1433 Local law enforcement; driving records; dissemination................................................HB 405 Local law enforcement; speed detection devices............................................................HB 425
Military; personal identification cards; issuance ...........................................................HB 680
Motor carriers; annual licenses; amend provisions......................................................HB 1282
Motor carriers; annual reports; regulation......................................................................HB 418
Motor carriers; vehicles for hire; certain exemption .....................................................HB 743
Motor fuel; retail sales; sign requirement.......................................................................HB 438

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INDEX

2787

MOTOR VEHICLES AND TRAFFIC (Continued) Motor fuel tax; change rate.................................................................................................HB 65 Motor fuel tax; imposition by county..............................................................................HB 518 Motor fuel tax; quarterly or annual reports...................................................................HB 419 Motor fuel tax; rate ............................................................................................................HB 440 Motor fuel tax; rate change...............................................................................................HB 318 Motor fuel tax; urge Congress to take certain action ...................................................HR 661 Motor vehicle equipment; annual inspection; certain vehicles......................................HB 75 Motor vehicle franchise practices; definitions..............................................................HB 1921 Motor Vehicle Sales Finance; sublease prohibitions...................................................HB 1449 Motor vehicles; safety and equipment inspection ...........................................................HB 81 Motorcycles; operators wear headsets or headphones.....................................................HB 51 Municipalities; certain solicitations on highways........................................................HB 1264 Murder by vehicle; penalty .............................................................................................HB 1393 New dealer; registration requirements ..........................................................................HB 1729 Off-road recreational vehicles; safety requirements......................................................HB 666 Persons attempting to elude police; penalty ...................................................................SB 150 Private motor carrier; vehicle transporting forest products ........................................HB 859 Private property; certain trespass..................................................................................HB 1592 Probation; install ignition interlock device; certain conviction.................................HB 1919 Public Safety; certain records; admissible evidence.......................................................SB 562 Raised chassis; definition ..................................................................................................HB 821 Registration and licensing; penalty for non-compliance...............................................HB 229 Registration application; annual performance bonds; requirement..........................HB 1382 Registration application; false statement........................................................................HB 161 Registration; certain counties; date .................................................................................HB 397 Registration; tax; prorated fee..........................................................................................HB 447 Rules of the road; private streets; applicability...........................................................HB 1578 Sales tax; applicability .......................................................................................................HB 664 School bus drivers; minimum salary..............................................................................HB 1692 School buses; lights; requirement........................................................................................SB 90 School buses; recreational activities; authorization.....................................................HB 1011 School buses; speed limit; transportation to certain events ......................................HB 1443 Seat belts; encourage use.....................................................................................................HR 80 Seat belts; minors..................................................................................................................SB 29 Seat belts; posting signs promoting usage ......................................................................HR 593 Seat belts; requirement......................................................................................................HB 751 Seat belts; requirement.........................................................................................................SB 64 Seat belts; requirement.......................................................................................................SB 482 Self-service gas station; cost for dispensing to handicapped persons ........................HB 385 Speed detection devices; testing requirements ............................................................HB 1469 Speed limits on highways..................................................................................................HB 632 Speed limits on highways..................................................................................................HB 652 Staggered registration; certain counties..........................................................................HB 448 Traffic offenses; modify judgment...................................................................................HB 136 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Transportation Department; certain vehicles for nonprofit agencies; exemptions.......................................................................................................................HR 841 Transportation of animals; requirements .......................................................................HB 772 Uninsured motor vehicle; seizure after certain convictions.......................................HB 1167 Used car dealers; license requirements .........................................................................HB 1304 Violations; certain accidents; penalty for leaving scene .............................................HB 1263 Warranties; new motor vehicles........................................................................................HB 631 Weight and load of vehicles on highway; permits.........................................................HB 104
MOUNT VERNON CHRISTIAN SCHOOL CRUSADERS Junior varsity basketball team; commend......................................................................HR 990 Varsity basketball team; commend..................................................................................HR 989

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2788

INDEX

MOUNT ZION, CITY OF; corporate limits ................................................................HB 1882
MOUNTAIN PROTECTION ACT; enact.....................................................................SB 393
MOVIES Minors; viewing certain nude and sexual conduct; prohibitions...............................HB 1843 Sexual exploitation of children; penalties.....................................................................HB 1356
MOYE, WILLIAM ARTHUR "BILL"; condolences................................................HR 1049
MUNICIPALITIES (Also, see Local Governments or Named Municipality) Act increasing expenditure; effective date - CA............................................................HR 748 Ad valorem tax; determination of millage rates ..........................................................HB 1534 Ad valorem tax; municipal development authorities.....................................................SB 611 Ad valorem tax; school lunches; municipal development authorities.......................HB 1785 Administrative Services, Department of; services to local government ...................HB 1297 Airports; counties and municipalities register as operators.........................................HB 942 Airports; lease certain property ......................................................................................HB 1238 Alcoholic beverages; in-room sales by hotel; license.....................................................HB 227 Alcoholic beverages; Sunday sales; certain areas.........................................................HB 1848 Animal Protection Act; amend provisions ....................................................................HB 1150 Annexation...........................................................,...............................................................HB 364 Annexation; certain notice; requirement.......................................................................HB 1375 Annexation; county population...........................................................................................HB 66 Area planning and development commissions; review of certain developments................,.....................................................................................HB 281 Audit and budget; file reports with Community Affairs............................................HB 1420 Boards of education; qualifications...................................................................................SB 528 Bonds; legal fees..................................................................................................................HB 273 Business improvement districts......................................................................................HB 1442 Chiefs of police serve as jailer........................................................................................HB 1261 Code of ethics; officers and employees; certain municipalities.................................HB 1172 Community Affairs, Department of; grants to counties and municipalities.........................................................................................................HB 1036 Contract with county; tax collection..............................................................................HB 1200 Contractors; public work; bid bonds................................................................................HB 636 Contracts; certain liability...............................................................................................HB 1179 Counties and municipalities; assume corporate powers; charter...............................HB 1222 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Downtown development authorities; contracts; authorization...................................HB 1502 Elections; change of address; requirements.....................................................................SB 404 Elections; deputy registrars; prohibit residency requirement....................................HB 1786 Electronic security systems; installation prohibitions ...................................................SB 630 Financial institutions; taxation.........................................................................................HB 642 General Assembly; population bills; definition............................................................HB 1872 George L. Smith II Georgia World Congress Center Authority; trade show facilities......................................................................................................HB 1035 Governing authority; election ...........................................................................................HB 345 Housing authorities; joint cooperation; urban residential finance authority...........................................................................................................HB 1499 Income tax; corporations; allocation of income............................................................HB 1432 Increased expenditures effective in January following enactment - CA.....................SR 396 Indictments of public officials; municipal officers......................................................HB 1425 Jails; grants to municipalities and counties ....................................................................SB 546 Joint county and municipal sales tax; define population...............................................HB 93 Joint Municipal Employees' Retirement; investment of benefits.............................HB 1351 Joint Study Committee on Area Planning and Development Commissions; aeste........................................................................................................SR 264 Land use planning and development...............................................................................HB 330

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INDEX

2789

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Land use plans; zoning power - CA...................................................................................HR 44 Law enforcement; certain assistance; liability of state .................................................HB 446 Law enforcement; driving records; dissemination.........................................................HB 405 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Local boards of education; applicability of state rules ...............................................HB 1271 Local governments; multiyear leases; terms .................................................................HB 1550 Local law enforcement; speed detection devices............................................................HB 425 Metropolitan Area Planning and Development Commission; membership.............HB 1193 Multiyear agreements.........................................................................................................HB 256 Multiyear contracts; enact general law - CA....................................................................HR 63 Municipal courts; certain municipalities; jurisdiction.................................................HB 1173 Municipal courts; jurisdiction; furnishing alcoholic beverages to minors.........................................................................................................SB 141 Municipal courts; traffic fines; payment...........................................................................HB 68 Municipal elections; primaries; agent qualify on behalf of candidate ........................SB 615 Municipal elections; terms of officers elected in 1990; amend provisions.............................................................................................................SB 625 Municipal Gas Authority; retirement and employee benefits...................................HB 1512 Nonjudicial offices; residency requirement .....................................................................SB 408 Officer and employee; prohibited sales of property; amend.........................................SB 617 Open meetings.....................................................................................................................HB 215 Open meetings; amend provisions..................................................................................HB 1344 Open meetings; amend provisions.....................................................................................SB 394 Peace officers; exempt certain retirement income.........................................................HB 656 Property purchases; independent appraisal..................................................................HB 1798 Public employees; deferred compensation plan; define employee ............................HB 1638 Public safety employees; mutual aid in emergencies..................................................HB 1285 Road defects; repeal liability ............................................................................................HB 213 Service marks; registration.................................................................................................SB 558 Solicitations on highways ................................................................................................HB 1264 Solid waste collection; regulation......................................................................................SB 531 Solid waste disposal sites; permits; restrictions.............................................................HB 862 Solid waste disposal sites; permits; restrict issuance..................................................HB 1564 Solid waste disposal sites; restrict permits......................................................................SB 453 Special service districts; temporary loans - CA.............................................................HR 626 Tax returns; confidential information; furnish to certain persons.............................HB 118 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Transportation, Department of; lease of property; waive certain requirement......................................................................................................HB 1678 Urban residential finance authority for large municipalities; definitions......................................................................................................................HB 1501 Voter registration; marriage license acceptable for ID..................................................SB 405 Water and sewer services; responsibility.........................................................................HB 773 Workers' compensation; persons doing certain community service..........................HB 1661 Zoning; certain campaign contributions; disclosure......................................................HB 113 Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571
MURDER AIDS battery; conviction for murder if victim dies....................................................HB 1630 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300
MURRAYVILLE LODGE #30; commend...................................................................HR 560
MUSIC; Arts Development Fund; create - CA...................................................................SR 23

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2790

INDEX

N

NASHVILLE MIDDLE SCHOOL; commend.............................................................HR 714
"NATIONAL BURN AWARENESS WEEK"; recognize.........................................HR 712
NATIONAL GUARD Emergency management; local organizations; repeal state grants ..............................HB 404 License plates; certain persons ..........................................................................................SB 458 License plates; retired members.....................................................................................HB 1308 Military scholarship; eligibility requirements ................................................................HB 174 Public officials and employees; compensation for duty ................................................SB 182
NATIONAL WILD TURKEY FEDERATION; commend .....................................HR 854
NATIONS, LYNDA; commend ........................................................................................HR 988
NATIVE AMERICANS IN GEORGIA DAY; proclaiming March 19, 1988.........HR 969
NELSON, EULEE C.; compensate .................................................................................HR 266
NEWTON COUNTY Board of education; compensation.................................................................................HB 1844 Homestead exemption......................................................................................................HB 1153
NEWTON, PAMELA CROY; commend........................................................................HR 950
1987 CENTRAL OF CARROLLTON LIONS FOOTBALL TEAM Commend .............................................................................................................................HR 695
NIXON, MARY ELLEN CALDWELL; condolences...............................................HR 1075
NO-FAULT INSURANCE (See Motor Vehicle Accident Insurance)
NONPROFIT CORPORATIONS Annual report; failure to file; penalty...........................................................................HB 1631 Human Resources, Department of; certain insurance; define nonprofit agencies.........................................................................................................HB 1519 State contracts; financial reports ...................................................................................HB 1413 Torts; certain persons; limitations of liability ................................................................HB 798 Torts; certain sponsors; safety and sports program....................................................HB 1335 Transportation Department; certain vehicles for nonprofit agencies; exemptions......................................................................................................HR 841
NONRESIDENTS Civil practice; jurisdiction ..................................................................................................SB 396 Estates; nonresident executors; bond requirements......................................................HB 599 Hunting licenses; waterfowl; reciprocity with South Carolina....................................HR 742 Motor vehicle insurance; certain persons; exemption...................................................HB 983
NORCROSS, CITY OF; new charter ............................................................................HB 1899
NORTHWEST WHITFIELD HIGH SCHOOL LADY BRUINS Commend..........................................................................................................................HR 1059
NUISANCES Agriculture operations; amend provisions .......................................................................SB 570 Buildings unfit for human habitation; jurisdiction.....................................................HB 1650
NURSES Board of Postsecondary Vocational Education; nursing home assistants program........................................................................................................HB 1003
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INDEX

2791

NURSES (Continued) Georgia Association of Nurse Anesthetists; recognize ..................................................HR 910 Health insurance; certain services; reimbursement.......................................................HB 334 Licensed Practical Nurses, State Board of; termination date...........................................................................................................HB 1349 Postsecondary Vocational Education; train nursing home assistants...............................................................................................................HR 843
NURSING HOMES Alzheimer's Disease; placement of patients; urge study...............................................HR 635 Death certificates; physician's assistant's signature.......................................................SB 260 Downtown development authorities; include certain facilities.....................................SB 577 Estates; decedents in nursing homes; jurisdiction.......................................................HB 1386 House Nursing Home Industry Study Committee; create ...........................................HR 185 House Nursing Home Industry Study Committee; create ...........................................HR 840 House Nursing Home Regulatory Coordination Study Committee............................HR 187 Long-term care insurance policies; regulation..............................................................HB 1748 Nursing homes and intermediate care facilities; penalties for violations....................................................................................................................HB 665 Postsecondary Vocational Education; nursing home assistants program ........................................................................................................HB 1003 Postsecondary Vocational Education; train nursing home assistants ........................HR 843 Vocational training; long-term care personnel ...............................................................HB 687

o

OBSCENITY; prohibited conduct on premises where alcoholic beverages are sold .............................................................................................HB 516
OCCUPATIONAL THERAPISTS; licensing; termination......................................HB 1377
OCMULGEE JUDICIAL CIRCUIT; district attorney; salary supplement ............SB 624
OCONEE COUNTY Board of commissioners; amend provisions..................................................................HB 1378 Board of commissioners; compensation.........................................................................HB 1379
OLIVER, HONORABLE MARY MARGARET; congratulate on fortieth birthday ..............................................................................................................HR 1043
OPTOMETRISTS Authorization for certain treatment................................................................................HB 517 Pharmaceutical agents; prescribing................................................................................HB 1169 State Board; term...............................................................................................................HB 688 State Examining Board; termination date....................................................................HB 1349 Trade names in conjunction with practice; authorization............................................HB 816
OWENS, GREGORY BRUCE; commend......................................................................HR 662
OWENS, JESSE RALPH; condolences........................................................................HR 1012

PANNELL, LESLIE; commend.......................................................................................HR 693 Refer to numerical index for page numbers

2792

INDEX

PARDONS AND PAROLES AIDS test before granting ...............................................................................................HB 1199 Controlled substances violations; prohibitions - CA.....................................................HR 321 Restrictions; certain sentence - CA..................................................................................HR 129 Revocation or conditional release; requirements...........................................................HB 471 State Board of Pardons and Paroles; elect membership - CA......................................HR 26 Warrantlass searches..........................................................................................................HB 119
PARENT AND CHILD Abortion; parental notification; signed statement..........................................................SB 621 Accident and sickness policies; coverage for adopted children.................................HB 1527 Adoption; certain relatives; grandparents' visitation rights.......................................HB 1389 Adoption; provide information regarding birth parents..................................................SB 63 Adoption; special needs children; payments to certain agencies .................................SB 422 Adoption; waive certain requirement..............................................................................HB 235 Aggravated child molestation; definition of offense....................................................HB 1354 Alcohol and drug courses; segment on consumption while pregnant.......................HB 1668 Alimony and child support; amend provisions...............................................................HB 702 Biological father; establish relationship with child.....................................................HB 1773 Child abuse; amend reporting provisions........................................................................HB 415 Child abuse; protection for employees reporting............................................................SB 665 Child Abuse Protocol Committee; composition..............................................................SB 640 Child custody; age to select parent...................................................................................SB 612 Child custody; define proceedings..................................................................................HB 1509 Child custody; removal of child from state; requirements.........................................HB 1177 Child custody; visitation rights; address requirement ................................................HB 1294 Child custody; visitation rights; residency requirements .............................................HB 964 Child Health Services Act; create..................................................................................HB 1520 Child Health Services Act; create.....................................................................................SB 576 Child placement agencies; special needs children; payments....................................HB 1363 Code of Georgia; references to illegitimate or bastard; amend.................................HB 1612 Cruelty to children; females convicted of certain offenses ........................................HB 1274 Domestic violence; certain actions; penalty..................................................................HB 1400 Evidence; offense against minor; spouse's testimony....................................................HB 181 Family violence; amend provisions ..................................................................................HB 871 Family violence; definitions; arrest provisions.............................................................HB 1407 Family violence; protective orders; enforcement.........................................................HB 1406 Family violence shelters; licensing.................................................................................HB 1450 Family violence; temporary emergency relief...............................................................HB 1291 Family violence; temporary protective orders..............................................................HB 1290 Family violence; verified petition filing ........................................................................HB 1399 Grandparents; visitation rights.......................................................................................HB 1434 Grandparents; visitation rights..........................................................................................SB 549 House Child Support Study Committee; create..........................................................HR 1006 Income tax; child care and household expenses; credit................................................HB 671 Income tax; special needs child; exemption ...................................................................HB 672 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300 Kidnapping; interference with custody.........................................................................HB 1384 State employees; certain foster parents; liability.........................................................HB 1546 Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Torts; wrongful death of parent; action by child ...........................................................SB 259
PARENTS WITHOUT PARTNERS MONTH; designate March .........................SR 117
PARKER, APRIL; commend ............................................................................................HR 685
PARKS, HISTORIC AREAS AND COMMEMORATIONS Amicalola Falls; conveyance of property by United States Forest Service..................................................................................................................HR 877

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INDEX

2793

PARKS, HISTORIC AREAS AND COMMEMORATIONS (Continued) Georgia Public Safety Memorial; encourage support..................................................HR 1021 Georgia Public Safety Memorial; supporting..................................................................SR 418 George T. Bagby State Park; naming..............................................................................HR 696 Georgia Recreation Park Society; commend ..................................................................HR 669 Herman Eugene Talmadge Monument Commission; create ......................................HR 372 House Chattahoochee Valley Indian Heritage Study Committee; create..................HR 823 House State Parks Study Committee; create.................................................................HR 970 Jekyll Island-State Park Authority; add member .........................................................HR 937 Joint Committee to Study the Exchange of Property from Skidaway Island State Park to Union Camp Corporation; create..........................HR 730 Margaret Mitchell; preservation of apartment building................................................SR 296 National Register of Historic Places; transfer of property; taxation - CA....................................................................................................................SR 265 Rhodes Memorial Hall; rental agreement; extend.........................................................HR 876 Special county sales tax; cultural, recreational or historic facilities............................................................................................................HB 1136 Special sales tax; certain cultural, recreational and historic facilities..............................................................................................................HB 740 Stone Mountain Memorial Association; sale of alcoholic beverages.........................HB 1347 Submerged cultural resources; regulations ......................................................................SB 503 Submerged cultural resources; regulations; Board of Natural Resources................HB 1579 Vietnam Memorial; erect on grounds of Floyd Building..............................................HR 664
PAULDING COUNTY Board of commissioners; compensation.........................................................................HB 1680 Grant easement; construct lightguide cable ....................................................................SR 282
PAYTON, DONALD E.; condolences .............................................................................HR 739
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY; homestead exemption; elderly..,...................................................HB 1746
PELHAM, CITY OF; board of education; powers and duties ...................................HB 1845
PENAL INSTITUTIONS A. L. "Al" Burruss Correctional Training Center; designate ........................................HR 46 Assault against elderly; mandatory penalty .....................................................................HB 95 Certain items or conduct; penalty..................................................................................HB 1461 Commissioner of Corrections; authority to make contracts..........................................SB 472 Commission on Criminal Sanctions and Correctional Facilities; create .....................SR 300 Counties; reimbursement for capital felony expenses.................................................HB 1529 County correctional institutions; confer police powers upon wardens........................SB 476 County jails; construction; certain fees - CA ..................................................................SR 347 Death penalty; persons present at execution; amend provisions .................................SB 471 Diversion centers; location of certain persons..............................................................HB 1581 Felony; crime of escape....................................................................................................HB 1448 First offenders; certain convictions; exclude from weapons prohibitions...................SB 651 Forest Hays, Jr. Correctional Institution; designate.....................................................HR 620 Jail Construction and Staffing Act; enact .......................................................................SB 629 Jails; construction near schools; requirements................................................................SB 500 Jails; grants to municipalities and counties ....................................................................SB 546 Misdemeanors; punishment; amend provisions ..............................................................SB 429 Municipalities; chiefs of police serve as jailer..............................................................HB 1261 New confinement facilities; notice .................................................................................HB 1689 Pardons and paroles; AIDS test before granting.........................................................HB 1199 Pardons and paroles; restrictions; certain sentence - CA.............................................HR 129 Pardons and paroles; revocation or conditional release; requirements ......................HB 471

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2794

INDEX

PENAL INSTITUTIONS (Continued) Pardons and paroles; warrantless searches.....................................................................HB 119 Prisoners; care for persons with AIDS virus ................................................................HB 1197 Prisoners pay certain fees; room and board...................................................................HB 848 Prisoners; testing for AIDS virus...................................................................................HB 1198 Probation; amend provisions .............................................................................................SB 434 Probation; state participation in cost of funding certain systems............................HB 1476 Probationer; transfer from one judicial circuit to another.........................................HB 1717 State Board of Pardons and Paroles; elect membership - CA......................................HR 26 State employees; certain dismissal....................................................................................SB 403 Witnesses; delivery of certain prisoners; procedure ....................................................HB 1627 Workers' Compensation; certain employees of Department of Corrections...............SB 473
PENSIONS (See Retirement and Pensions)
PERDUE, TOMMY; commend.......................................................................................HR 1014
PERKINS, SHEPPARD E. "ZEKE"; condolences .....................................................HR 557
PERSONAL CARE HOMES Nursing homes and intermediate care facilities; penalties for violations....................................................................................................................HB 665 Personal Attendant Care Program for Disabled Adults Act; enact..........................HB 1217
PESTICIDES AND PEST CONTROL Contractors; evidence of financial responsibility.........................................................HB 1283 Farmers; contamination cases; liability .........................................................................HB 1518 Residential property; lending requirements; termite inspection...............................HB 1869 Structural Pest Control; self-insurance ...........................................................................HB 195 Tobacco; pesticide residues; detention or condemnation ...........................................HB 1266 Torts; certain chemical products; exceptions.................................................................HB 753
PETERS, HONORABLE ROBERT G.; commend...................................................HR 1081
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PETTYS, HONORABLE DICK; commend ..............................................................HR 1076
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, HONORABLE L. L. "PETE"; express tribute....................................HR 1004
PHYSICAL THERAPISTS Ethics and standards...........................................................................................................SB 292 Programs of treatment.......................................................................................................HB 921
PHYSICIANS AND OSTEOPATHS Abortions and pregnancy counseling; informational booklets.....................................HB 694 Advanced emergency medical technician; definition .....................................................SB 573 Ambulance service; medical technician; requirement ...................................................HB 177 Anatomical gifts; eliminate witness requirement.........................................................HB 1528 Board of Medical Examiners; attend seminar; license requirements .......................HB 1846 Consent for surgical or medical treatment; disclosure..................................................HB 107 Death certificates; physician's assistant's signature.......................................................SB 260 Dialysis machines; certificate of need; certain exemptions........................................HB 1825 Donees of body organs; preference for state residents.................................................HB 660 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical technicians; utilize automatic defibrillators.................................SB 462 Health insurance; certain services; reimbursement.......................................................HB 334

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INDEX

2795

PHYSICIANS AND OSTEOPATHS (Continued) Health records; falsification; prohibitions.....................................................................HB 1598 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Hospitals; certificates of need; requirements .................................................................HB 708 Income tax; individual medical accounts ......................................................................HB 1893 Informed consent for medical treatment.........................................................................SB 367 License; appeal of contested case...................................................................................HB 1456 Malpractice; required affidavits.....................................................................................HB 1621 Medical examiner; establish office in certain counties ...............................................HB 1599 Medical Examiners, Composite State Board of; termination date..........................HB 1349 Medical malpractice; notice of investigation ................................................................HB 1367 Medical Radiation Health and Safety Act; provide ......................................................HB 143 Optometrists; trade names in conjunction with practice; authorization ....................HB 816 Organ procurement organizations; licensing...................................................................HB 542 Patient's records; mailing costs......................................................................................HB 1524 Physician's assistants; amend provisions.........................................................................SB 499 Post-mortem examination; definition of medical examiner.......................................HB 1362 Renal disease; limit use of kidney dialyzers.................................................................HB 1348 Respiratory therapists; eliminate use of certain terms and abbreviations...................................................................................................................HB 710 State Medical Education Board; executive director; employment............................HB 1483 Tattoos; persons under 18; certain prohibitions.............................................................SB 557 Torts; amend provisions.........................................................................................................SB 1
PIERCE COUNTY School superintendent; appointment................................................................................SB 535 School superintendent; appointment................................................................................SB 681 Tax commissioner; compensation......................................................................................SB 656
PIERCE, MR. AND MRS. H. G., JR.; commend ........................................................HR 850
PIKE COUNTY; homestead exemption; elderly ..........................................................HB 1684
PILAND, MR. AND MRS. KEITH AND DAUGHTERS, KRISTIN AND ASHLEY; commend.........................................................................HR 743
PODIATRY; State Board of Examiners; termination date.........................................HB 1349
POLYGRAPH EXAMINERS; state employees; prohibit dismissal for refusing polygraph ...............................................................................................................SB 410
POPE, MRS. SARA; commend.........................................................................................HR 984
PORT WENTWORTH, CITY OF; mayor and council; elections............................HB 1736
PORTMAN, JOHN C., JR.; commend ..........................................................................HR 933
PORTS (See Waters, Ports and Watercraft)
POST MORTEM EXAM ACT Board of Medical Examiners; attend seminar; license requirements .......................HB 1846 Coroners; investigations; fees..........................................................................................HB 1350 Medical examiner; definition..........................................................................................HB 1362 Medical examiner; establish office in certain counties ...............................................HB 1599 Peace officers; certain deaths; conduct of investigation.............................................HB 1447 State Examining Board; termination date....................................................................HB 1349
POSTSECONDARY EDUCATION College Tuition Prepayment Plan Study Committee; create ......................................HR 178 Higher education; procedure for savings fund.............................................................HB 1756 Postsecondary Vocational Education; train nursing home assistants ........................HR 843

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2796

INDEX

POSTSECONDARY EDUCATION (Continued) Savings fund; provide method ........................................................................................HB 1541 State Board of Postsecondary Vocational Education; name change; Department of Technical and Adult Education ......................................................HB 1779 State Board of Postsecondary Vocational Education; nursing home assistants program ........................................................................................................HB 1003
PRATHER, ERNEST; commend ...................................................................................HR 1063
PRESCRIPTION DRUGS AND PHARMACISTS Advertising drug prices.......................................................................................................SB 397 Drugs; sales of complimentary samples; prohibitions ....................................................SB 285 Optometrists; authorization for certain treatment........................................................HB 517 Optometrists; prescribing pharmaceutical agents........................................................HB 1169 State Board of Pharmacy; increase fines ........................................................................HB 221 State Board of Pharmacy; termination date................................................................HB 1349 Torts; certain chemical products; exceptions .................................................................HB 753
PRESTON, JOHN TROY, IV; commend......................................................................HR 671
PRIMARIES (See Elections)
PRINCE, JACK, DELTA Y CORPORATION; compensate...................................HR 749
PRINTING AND DOCUMENTS False identification documents; unlawful to possess, manufacture, sell or distribute................................................................................................................HB 14 Public records; inspection and copying; revise provisions............................................HB 214 Public records; revise provisions .......................................................................................SB 435 Sales tax; certain printing materials; exemption ...........................................................HB 474 Sales tax; certain printing materials; exemption ...........................................................HB 475
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS; audio stress examiners; regulation..........................................................HB 837
PROBATE COURTS Council of Probate Court Judges of Georgia; establish.................................................SB 411 Estates; decedents in nursing homes; jurisdiction.......................................................HB 1386 Game and Fish Code; misdemeanor violations; jurisdiction......................................HB 1647 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Judges; incapacity or inability to serve; removal.............................................................HB 57 Judges; minimum salary .....................................................................................................SB 305 Judges; office site................................................................................................................HB 488 Judges; salary; cost-of-living adjustments.....................................................................HB 1331 Marriage license; additional fee......................................................................................HB 1154 Official Code of Georgia; provide copies..........................................................................SB 412 Processioning of boundaries; procedures ...........................................................................SB 51 Retirement Fund; increase benefits....................................................................................SB 15 Training expenses for judges; reimbursement.................................................................SB 413 Vacancies in offices .............................................................................................................SB 409
PROBATION Amend provisions ................................................................................................................SB 434 First offenders; certain convictions; exclude from weapons prohibitions ...................SB 651 Install ignition interlock device; certain conviction ....................................................HB 1919 State participation in cost of funding certain systems ...............................................HB 1476 Transfer probationer from one judicial circuit to another.........................................HB 1717
PROFESSIONS AND BUSINESSES Accountancy, Board of; administration of laws...........................................................HB 1352

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INDEX

2797

PROFESSIONS AND BUSINESSES (Continued) Accountancy, Board of; termination date.....................................................................HB 1454 Alcoholic beverage sales; duty to verify age.................................................................HB 1765 Alcoholic beverage sales; post certain signs....................................................................HB 431 Athlete agents; regulation................................................................................................HB 1373 Athlete agents; regulation ..................................................................................................SB 423 Audio stress examiners; regulation ..................................................................................HB 837 Barbers; teaching requirements......................................................................................HB 1215 Billiard rooms; licensing ..................................................................................................HB 1496 Billiard rooms; operation...................................................................................................HB 464 Burial places; markers and monuments; requirements.................................................HB 950 Business corporations; certain persons; limitations of liability...................................HB 799 Business license; levy by county; criteria for assessment...........................................HB 1657 Carnival Ride Safety Act; amend......................................................................................SB 544 Chiropractors; utilization of nutrition...........................................................................HB 1243 Contractors; licensing requirements...............................................................................HB 1381 Corporations; filing fee; Superior Court Clerks; information network.....................HB 1444 Corporations; merger or combination; prohibitions ....................................................HB 1571 Corporations; revise code.................................................................................................HB 1272 Corporations; shareholder requirements .......................................................................HB 1302 Cosmetologists; services outside salon.............................................................................HB 487 Cosmetology schools; teaching requirements................................................................HB 1214 Dentistry; define practice..................................................................................................HB 685 Dentures; certain markings ..................................................................................................SB 98 Distress merchandise sales, fire sales, and going out of business sales; regulation.............................................................................................................HB 1875 Engineers and Land Surveyors, Board of; continuation.............................................HB 1503 Environmental Facilities Authority; minority business participation......................HB 1309 Export finance program; establish .................................................................................HB 1484 Fair Business Practice; telelphone solicitation; requirements......................................SB 575 Financial institutions; small minority business development....................................HB 1310 Firearms; purchases, trades or exchanges; dealers to report .....................................HB 1394 Flea markets; regulate merchants.....................................................................................SB 555 Foresters, State Board of Registration; appointment....................................................SB 550 Fundraisers; amend regulations......................................................................................HB 1324 Georgia Consumer Cooperative Act; enact .....................................................................HB 412 Georgia Real Estate Appraisers Board; create.............................................................HB 1764 Georgia Veterinary Practice Act; amend ......................................................................HB 1209 Grain dealers; certain documents; investigations ...........................................................SB 440 Interior designers; licensing...............................................................................................HB 959 Joint Government Competition with Private Enterprise Committee; create ..............SR 79 Liability insurance rates; regulation................................................................................HB 639 Limited partnerships; amend provisions.........................................................................HB 924 Malpractice; required affidavits .....................................................................................HB 1621 Marriage and family therapy; law degree; fulfill license requirement .....................HB 1701 Master therapeutic recreation specialist; licensing......................................................HB 1237 Mechanics' and materialmen's lien; non-licensed air conditioning contractor; exemption ..................................................................................................HB 1319 Medical Examiners, Board of; attend seminar; license requirements ......................HB 1846 Medical or dental license; appeal of contested case....................................................HB 1456 Medical Radiation Health and Safety Act; provide......................................................HB 143 Motor fuel; retail sales; sign requirement.......................................................................HB 438
Municipalities; business improvement districts...........................................................HB 1442
New motor vehicle dealer; registration ............................................................................SB 458
New motor vehicle dealer; registration requirements .................................................HB 1729
Occupational therapists; licensing; termination...........................................................HB 1377
Optometrists; certain treatment; authorization.............................................................HB 517

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2798

INDEX

PROFESSIONS AND BUSINESSES (Continued) Optometrists; prescribing pharmaceutical agents........................................................HB 1169 Optometrists; trade names in conjunction with practice; authorization....................HB 816 Optometry, State Board; term..........................................................................................HB 688 Physical Therapy, Board of; ethics and standards.........................................................SB 292 Physical Therapy, Board of; programs of treatment ....................................................HB 921 Physician's assistants; amend provisions .........................................................................SB 499 Pregnancy; payment of lost wages to expectant mother ...............................................SB 421 Professional counselors; licensure .............,......................................................................HB 600
Professional counselors, social workers, and marriage and family therapists; privileged communications...............................................,............HB 393
Promotional giveaways or contests; amend provisions ..................................................SB 529 Property; grant easements for private ways; restrictions ...........................................HB 1327 Psychology; license requirements ...................................................................................HB 1619 Public revenue; local sales tax; amend provisions .................................................--...HB 1500 Real estate; brokers and salespersons; continuing education ....................................HB 1681 Real estate; education, research, and recovery fund; minimum amount .................HB 1451
Respiratory therapists; eliminate use of certain terms and abbreviations ...................................................................................................................HB 710
Retail sales; certain stores; requirements for safe operations......................................HB 524 Sales tax certificate; businesses; seller acting unlawfully ...........................................HB 1041 Sales tax; exempt certain business periodicals ............................................................HB 1171 Sanitarians; regulation........................................................................................................SB 420 Self-service gas station; cost for dispensing to handicapped persons ........................HB 385 Selling and trade practices; sale of business opportunities........................................HB 1565 Small minority business development corporations; create..--.....................................SB 569 Speech Pathology and Audiology, State Board; termination ......................................HB 432 State Board of Architects; termination date..,.............................................................HB 1559 State examining boards; certain boards; termination date ........................................HB 1349 State licensing boards; expense allowance.......................................----........................HB 252 State Medical Education Board; executive director; employment............................HB 1483 Structural Pest Control; self-insurance...........................................................................HB 195 Surveyors; qualifications; amend application...............................................................HB 1675 Torts; certain chemical products; exceptions.................................................................HB 753 Torts; dental students; certain immunity .....................................................................HB 1549 Trusts; payment of funds for real property improvement...........................................HB 890 Used car dealers; license requirements .........................................................................HB 1304 Water well pump installers; licensing............................................................................HB 1487 Wholesaler; equipment sales to certain air conditioning
contractor; prohibitions ...............................................................................................HB 1320 Workers' compensation; employee rights; construction
design professionals......................................................................................................HB 1655
PROPERTY Abandoned cemeteries; counties to maintain...............................................................HB 1594 Abandoned landfills; prohibit construction....................................,...............................HB 435 Action for deficiencies in construction; limitation period ............................................HB 715 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; assessment of property.......................................----.,.....----.......HB 1514 Ad valorem tax; determination of millage rates..........................................................HB 1534 Ad valorem tax; inventories; assessment date - CA.........................................................SR 11 Ad valorem tax; mobile homes .........................................................................................HB 823 Ad valorem tax; mobile homes; definition...................................................................--HB 700 Ad valorem tax; property assessed on its existing use..................................................HB 434 Ad valorem tax; property owned by authority; certain exemption.............................HB 648 Ad valorem tax; transfer certain agricultural property to relative...........................HB 1464 Anatomical gifts; eliminate witness requirement........................................--..............HB 1528 Annexation; certain notice; requirement--....................................................................HB 1375

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INDEX

2799

PROPERTY (Continued)
Annexation; contiguous area; definition........................................................................HB 1374 Antique automobiles; ad valorem tax; maximum value - CA......................................HR 240 Appraisers; supplemental funds .....................................................................................HB 1270 Auditor and special master; fees assessed as court costs ...........................................HB 1545 Bail bonds; pledge of property; spouse's consent ..........................................................HB 470 Bailments; garage and parking lots; security requirements..........................................SB 171 Bankruptcy; certain property or retirement funds; exemption....................................SB 510 Boards of equalization; selection of membership ........................................................HB 1278 Burial places; markers and monuments; requirements.................................................HB 950 Certain liens; filing requirements.....................................................................................HB 713 Civil practice; nonresidents; certain jurisdiction ............................................................SB 396 Coastal marshlands; certain acts on private property; exclusions ..............................HB 268 Common law marriage; validity........................................................................................HB 952 Controlled substances; forfeited property; use of proceeds .........................................HB 250 Counties and municipalities; certain property for airports; leasing .........................HB 1238 Counties; recreational set-aside property; certain transfer ........................................HB 1192 County boards of equalization; alternate members; appointment............................HB 1465 County tax digests; review and equalization ................................................................HB 1279 County tax officials; appointment of chief deputy.........................................................SB 485 Crimes; fraudulent purchasing of residential property; prohibit.................................SB 647 Criminal trespass; definition...........................................................................................HB 1057 Criminal trespass or damage to property; negligence...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Damage to certain property; felony over $500.............................................................HB 1431 Donees of body organs; preference for state residents .................................................HB 660 Easement for private ways; restrictions ........................................................................HB 1327 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 Equalized adjusted school property tax digest; establish...........................................HB 1269 Estates; commissions paid to administrators or executors.........................................HB 1251 Estates; interest in property; amend provisions ..........................................................HB 1250 Estates; inventories and returns; filing requirements...................................................HB 598 Estates; investments by executors .................................................................................HB 1435 Estates; nonresident executors; bond requirements ......................................................HB 599 Estates; year's support; payment of taxes ....................................................................HB 1840 Executions; designation of property ..............................................................................HB 1426 Fair Business Practices; mortgage debt assistance; prohibitions.................................SB 648 Fiscal affairs subcommittee; approval of certain leases..............................................HB 1535 Foreclosure; certain real estate sales; notice ................................................................HB 1878 Foreclosure; cooperative sales process.............................................................................HB 646 Georgia Condominium Act; amend ................................................................................HB 1606 Georgia Farm Debt Mediation Act; enact ....................................................................HB 1591 Guardians or trustees; commissions...............................................................................HB 1163 Highways; property acquisition; future purposes ...........................................................SB 118 Homestead exemption; certain qualification; population classification ...................HB 1727 Homestead exemption; elderly; income qualification ...................................................HB 778 House Alternative Revenue Sources Study Committee; create...................................HR 757 Hunting; stands by person other than landowner; prohibitions .................................HB 771 Income tax; certain deduction; home purchase..............................................................HB 505 Industrial areas; removal of certain property - CA.......................................................HR 792 Intangible recording tax; convert to documentary tax .................................................HB 908 Intangible tax; level of liability; filing return...............................................................HB 1020 Landlord and tenant; cable television service; prohibitions ...........................................SB 16 Landlord and tenant; prohibit suspension of utilities...................................................SB 248 Local governments; land use planning and development.............................................HB 330 Local governments; multiyear leases; terms .................................................................HB 1550 Local governments; officers and employees; prohibited sales of
property; amend...............................................................................................................SB 617

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2800

INDEX

PROPERTY (Continued) Local governments; purchases; independent appraisal...............................................HB 1798 Mapping Advisory Board; create.......................................................................................SB 437 Mechanics' and materialmen's liens; certain public property ...................................HB 1458 Mechanics' and materialmen's liens; non-licensed air conditioning contractor; exemption..................................................................................................HB 1319 Mineral rights; tax records; requirements.....................................................................HB 1293 Mortgage brokers; licensing...............................................................................................HB 979 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Mortgages; cancellation; recording procedures.............................................................HB 1649 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Motor vehicle abandonment; waive certain notice........................................................HB 658 Mountain Protection Act; enact........................................................................................SB 393 National Register of Historic Places; transfer of property; taxation - CA....................................................................................................................SR 265 Processioning of boundaries; procedures ...........................................................................SB 51 Property Damage by Deer Study Committee; create ...................................................HR 124 Property of electric utilities; state ad valorem tax........................................................HB 696 Property; spouse receive maximum marital deduction..................................................SB 255 Public sales; time for holding............................................................................................SB 158 Real estate transfer tax; forms furnished to tax assessors.........................................HB 1817 Real estate transfer tax; housing surcharge..................................................................HB 1338 Real estate transfer tax; proceeds to Superior Court Clerk's Retirement...........,..............................................................................................HB 469 Residential and family farm mortgage; amend provisions............................................SB 479 Residential property; lending requirements; survey....................................................HB 1868 Residential property; lending requirements; termite inspection...............................HB 1869 Sheriffs; service fees.........................................................................................................HB 1530 State Board of Equalization; abolish...............................................................................HB 337 State Housing Trust Fund; create.................................................................................HB 1339 State Housing Trust Fund; provide - CA.......................................................................HR 587 Tangible personal property; separate class for ad valorem tax - CA.........................HR 571 Tax executions; advertisement; requirement................................................................HB 1074 Tax executions; prohibit payment by certain officials ...............................................HB 1280 Tax sales; redemption period; certain date..................................................................HB 1674 Time-share estates; tax status..........................................................................................HB 200 Title by prescription; adverse possession......................................................................HB 1052 Trusts; certain trustee powers; amend provisions..........................................................SB 395 Trusts; payment of funds for real property improvement...........................................HB 890 Vital records; title searches by attorneys; cost............................................................HB 1224 Writ of possession; form of summons ..............................................................................SB 610
PRUETT, ESTHER; commend ........................................................................................HR 865
PSYCHOLOGISTS; license requirements ....................................................................HB 1619
PUBLIC BUILDINGS Albert "Al" Holloway Labor Building; designation .......................................................SR 163 Asbestos removal; actions...................................................................................................SB 649 Childs, Honorable Peggy; place portrait in Legislative Office Building....................HR 699 Fire extinguishers and systems; regulation...................................................................HB 1368 Floyd, James H. "Sloppy"; place bust in the Floyd Building.....................................HR 631 Hodges, General Courtney Hicks; place plaque outside building...............................HR 905 Kempton, Honorable Bessie; place portrait in State Capitol......................................HR 147 Public works contracts; bid procedure; Bibb County .................................................HB 1567 Renaming; certain prohibitions - CA...............................................................................HR 776 Revenue bonds; "undertaking"; amend definition........................................................HB 936

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INDEX

2801

PUBLIC BUILDINGS (Continued) State Offices and Facilities Study Committee; create..................................................HR 731 Vietnam Memorial; erect on grounds of Floyd Building..............................................HR 664
PUBLIC OFFICERS AND EMPLOYEES Attorney General; remove from membership on certain commissions - CA..............SR 247 Attorney General; remove from membership on certain commissions, committees, and boards ..................................................................................................SB 419 Boards and commissions; expense allowances................................................................HB 661 Budget Act; define appropriation ..................................................................................HB 1001 Certain foster parents; liability ......................................................................................HB 1546 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Commissioner of Agriculture; appointment by Governor ............................................HB 738 Commissioner of Agriculture; appointment - CA..........................................................HR 228 Commissioner of Education; create office - CA.............................................................HR 550 Commissioner of Insurance; appointment by Governor ...............................................HB 735 Commissioner of Insurance; appointment - CA.............................................................HR 226 Commissioner of Labor; appointment by Governor ......................................................HB 736 Commissioner of Labor; appointment - CA ...................................................................HR 229 Compensation; method of determination - CA...............................................................SR 323 Contracts; counties and municipalities; certain liability ............................................HB 1179 Coroners; authorization for inquests..............................................................................HB 1248 Coroners; certain deaths; embalming authorization....................................................HB 1317 Coroners; certain training expenses ...............................................................................HB 1316 Coroners; investigations; fees..........................................................................................HB 1350 Coroner's Training Council; membership ..........................................................................SB 70 Coroner's training course; expense allowance ..............................................................HB 1707 County boards of education; members' per diem........................................................HB 1024 County officials; cost-of-living adjustment......................................................................SB 463 Court bailiffs; compensation ..............................................................................................SB 516 Deferred compensation plan; define employee ............................................................HB 1638 Emergency medical technician; change definition.......................................................HB 1190 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service........................................................................................HB 993 Ethics in Government Act; enact......................................................................................SB 564 Financial disclosure; reporting date...............................................................................HB 1804 General Assembly members; certain allowances..............................................................HB 49 General Assembly members; expenses ............................................................................HB 500 General Assembly members; mileage rate......................................................................HB 473 General Assembly members; practice of law..................................................................HB 369 General Assembly members; service on certain committees, commissions or advisory boards; reimbursement............................................................................HB 1196 Governor; successive terms; prohibit - CA .....................................................................HR 786 Hazardous substances; disclosure to state employees...................................................HB 503 Human Resources, Department of; certain insurance; define nonprofit agencies.........................................................................................................HB 1519 Indemnification; emergency medical technicians ..........................................................HB 240 Indemnification; expand program ..................................................................................HB 1669 Indictments of public officials; municipal officers ......................................................HB 1425 Jekyll Island-State Park Authority; add member.........................................................HB 937 Lieutenant Governor and Speaker; salary ....................................................................HB 1195 Local government; prohibited sales of property; amend ...............................................SB 617 Medical examiner; establish office in certain counties ...............................................HB 1599 Merit System; certain insurance contracts; jurisdiction of Personnel Board..............................................................................................................HB 560 Military duty; compensation..............................................................................................SB 182 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Municipalities; nonjudicial offices; residency requirement ...........................................SB 408

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2802

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Open meetings; amend provisions..............,...................................................................HB 1344 Open meetings; amend provisions.....................................................................................SB 394 Peace officers; certain deaths; conduct of investigation.............................................HB 1447 Political activities ....................................................................................................................SB 3 Post-mortem exam; certain deaths; blood analysis; drugs or alcohol.......................HB 1318 Post-mortem exam; definition of medical examiner ...................................................HB 1362 Public officials; method of determination of compensation .........................................SB 553 Recall elections; amend provisions relating to contributions ......................................HB 186 Retirement; beneficiary change; notify spouse...................,...............................................HB 4 Retirement; change of beneficiary; notice.......................................................................HB 376 Salaries of state officials; amend provisions........................................................,........HB 1342 School superintendents; appointment by board - CA ..................................................HR 227 Sovereign immunity - CA...................................................................................................SR 267 State Commission on Compensation; salary................,................................................HB 1414 State employees; certain dismissal....................................................................................SB 403 State employees; health insurance; checks void after certain time ..........................HB 1493 State employees; health insurance; computing contributions....................................HB 1623 State employees; health insurance; urge participation for retired teachers ...............................................................................................................HR 898 State employees; hearings; representation........................................................................HB 83 State employees; injured in line of duty; compensation .................................................SB 28 State employees; night shift duty; salary supplement.........................,.........................SB 406 State employees; on call time; compensation..................................................................SB 127 State employees; overtime pay; certain exceptions ..........................................................SB 21 State employees; prohibit dismissal for refusing polygraph .........................................SB 410 State employees; sick leave; amend provisions ................................................................HB 86 State employees; sick leave; amend provisions ...............................................................SB 124 Superior court clerks; minimum salary ...........................................................................HB 547 Teachers and public school employees; flexible benefit plan....................................HB 1390 Teachers; transfer employment; Central State Hospital; benefits............................HB 1774
PUBLIC PROPERTY Albert "Al" Holloway Labor Building; designation .......................................................SR 163 Amicalola Falls; conveyance of property by United States Forest Service ...............HR 877 Asbestos; removal from certain buildings; actions .........................................................SB 649 Atlanta; lease of property..................................................................................................HR 591 Baldwin County; grant easement; 115 kV transmission line..........................,.............SR 277 Baldwin County; grant easement; overhead transmission tap line..............................SR 278 Bartow County; convey property.....................................................................................HR 577 Bartow County; convey property.....................................................................................HR 627 Blind persons; operate vending machines in certain areas ..........................................HB 151 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 502 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 504 Chatham County; convey property..................................................................................HR 756 Dalton; restrictions on use of certain property; release................................................HR 653 Fiscal affairs subcommittee; approval of certain leases..............................................HB 1535 General Assembly; approval of certain sales ................................................................HB 1365 Gordon County; convey property......................................................................................SR 367 Gordon County; convey property to Clifford W. Smith...............................................HR 585 Gordon County; leasing state owned property ...............................................................HR 702 Hamilton County-Chattanooga, Tennessee; convey certain property ........................HR 578 Helena; grant easement; water service facilities ............................................................HR 707 Joint Committee to Study the Proposed Exchange of Property from Skidaway Island State Park to Union Camp Corporation; create ................HR 730 Kempton, Honorable Bessie; place portrait in State Capitol......................................HR 147 Local governments; purchases; independent appraisal ...............................................HB 1798 Mechanics' and materialmen's liens; certain public property ...................................HB 1458

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2803

PUBLIC PROPERTY (Continued) Paulding County; grant easement; construct lightguide cable .....................................SR 282 Rabun County; urge lease of certain property by Agriculture Commissioner..................................................................................................................HR 924 Reidsville; convey property to Tattnall County Board of Education ........................HR 581 Relative to certain state property....................................................................................HR 746 Rhodes Memorial Hall; rental agreement; extend.........................................................HR 876 Richmond County; convey property................................................................................HR 811 Southern Railway Company; sublease agreement with Tennessee Valley Railroad Museum ...........................................................................................................HR 285 State Properties Commission; acquisition services for other agencies.....................HB 1626 State Properties Commission; certain exemptions ......................................................HB 1395 Stephens County; lease certain property ........................................................................HR 579 Winder; annexation of state property .............................................................................HR 621
PUBLIC RECORDS Commission of Inquiry; create..........................................................................................HB 519 Inspection...........................................................................................................................HB 1343 Inspection..............................................................................................................................SB 435 Inspection and copying; revise provisions.......................................................................HB 214 Public Safety; certain records; admissible evidence.......................................................SB 562 Sex crime conviction; furnish records to Georgia Bureau of Investigation .............................................................................................................HB 1429
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Admissible evidence; certain records................................................................................SB 562 Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director ..................................................................................HB 602 Driver's license; certain convictions; notification within 10 days .............................HB 1467 Driver's license; correct invalid information; authorization.......................................HB 1334 Driver's license examiners; deputy registrars.................................................................HB 551 Driver's license examiners; deputy registrars..................................................................SB 365 Driver's license; suspension; notification; fees ................................................................SB 545 Driver's license; suspension; signed statement.............................................................HB 1258 Driver's license; written examination; date requirement...............................................SB 117 Emergency vehicles; blue lights; permit........................................................................HB 1743 Firearm possession; off-duty peace officers.....................................................................SB 586 Firefighter; official duties; prohibit obstruction..........................................................HB 1436 Georgia Police Academy; amend provisions.................................................................HB 1187 Georgia Police Academy; urge advanced training for domestic violence...................HR 744 Georgia Public Safety Memorial; supporting..................................................................SR 418 Georgia Public Safety Memorial; encourage support..................................................HR 1021 Georgia Public Safety Training Center; security police force .....................................HB 609 Handicapped parking; enforcement; appointment of certain persons......................HB 1475 Joint Public Safety Study Committee on Communications; create............................SR 417 Law enforcement officers; certain assistance; liability of state ...................................HB 446 Law enforcement officers; person giving false information; penalty ...........................SB 585 Law enforcement officers; special and high-risk occupation.....................................HB 1763 Law enforcement officers; witness fees; amend provisions ........................................HB 1754 Local law enforcement; driving records; dissemination................................................HB 405 Police chaplains...................................................................................................................HB 739 Retired peace officers; certain requirements; exemption ...........................................HB 1693 Retired peace officers; certification requirements.......................................................HB 1740 State patrol; escort for athletic events.............................................................................SB 417 State patrol; escort for certain auto racing events......................................................HB 1700 State patrol officer; witness fees......................................................................................HB 659 State patrol; process servers ...........................................................................................HB 1523

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2804

INDEX

PUBLIC SCHOOL EMPLOYEES Health insurance; coverage for certain retired persons .................................................SB 316 Health insurance; discharge of debt ..............................................................................HB 1491 Health insurance; flexible benefit plan.............,...........................................................HB 1390 Health insurance; payment by local school system .......................................................HB 982 Retirement; benefit adjustments......................................................................................HB 480 Retirement; benefit amount ..............................................................................................HB 482 Retirement; creditable service ...........................................................................................SB 221 Retirement; 40 years service ...........................................................................................HB 1025 Surviving spouses; health insurance ................................................................................HB 757 Teachers and school personnel; certain salary deductions; employee benefit.............................................................................................................HB 638 Teachers Retirement; membership ...................................................................................SB 370 Voter registraton; amend provisions.................................................................................SB 508
PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax; public utilities; state levy.....................................................................HB 491 Automated telephone dialing; certain numbers; prohibition .....................................HB 1284 Blasting; interstate natural gas pipelines; certain exemptions....................................HB 442 Bus Passenger Safety Act; amend provisions...............................................................HB 1629 Consumers' utility counsel; operating costs; fees...........................................................HB 478 Consumers' utility counsel; performance audit; repeal requirement..........................HB 477 Consumers' utility counsel; repeal certain provisions.................................................HB 1605 Electric membership corporations; directors' duties; liability......................................SB 536 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Emergency Telephone No. 911 Service; fees...................................................................SB 484 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 House Vehicle Weight Study Committee; create ..........................................................HR 812 Landlord and tenant; prohibit suspension of utilities...................................................SB 248 Motor carriers; annual licenses; amend provisions......................................................HB 1282 Motor carriers; Public Service Commission enforcement personnel; citations.........................................................................................................HB 967 Motor carriers; vehicles for hire; certain exemption .....................................................HB 743 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees ....................................................................................HB 157 Pressure vessels; storage of propane gas; certain exemption .....................................HB 1576 Private motor carrier; vehicle transporting forest products ........................................HB 859 Property of electric utilities; state ad valorem tax........................................................HB 696 Property of electric utilities; state ad valorem tax - CA..............................................HR 221 Public Service Commission; ex parte communications.................................................HB 428 Public Service Commission; operating costs; fee...........................................................HB 443 Public Service Commission; tariff on certain service of telecommunications; regulate......................................................................................HB 1234 Public Service Commission; Utility Finance Section; abolish .....................................HB 444 Public utilities; rate increase; filing.................................................................................HB 427 Sales tax; exempt propane gas used for certain agricultural purposes ....................HB 1673 State Board of Equalization; abolish...............................................................................HB 337 Transportation Department; certain vehicles for nonprofit agencies; exemptions ......................................................................................................HR 841 Underground storage tanks; regulations .......................................................................HB 1851 Workers' Compensation; common carriers; certain exception.....................................HB 282
PUBLICATIONS Legal advertisements; printed in certain type .............................................................HB 1329 Sales tax; certain printing materials; exemption ...........................................................HB 474 Sales tax; certain printing materials; exemption ...........................................................HB 475 Sales tax; exempt certain business periodicals ............................................................HB 1171

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INDEX

2805

PUBLICATIONS (Continued) Schools; review of textbooks.............................................................................................HB 494 Torts; defamatory statements............................................................................................SB 343

R

RABUN COUNTY Agriculture Commissioner; urge lease of certain property...........................................HR 924 Board of commissioners; purchases; bids......................................................................HB 1907 Coroner; compensation.....................................................................................................HB 1574 Tax commissioner; educational funds; collection ........................................................HB 1573
RACE, TOMMIE;commend..............................................................................................HR 923
RACETRACKS; State Racing Commission; create..........................................................HB 60
RADAR Highways; speed detection devices; remove certain prohibition .................................HB 792 Local law enforcement; speed detection devices............................................................HB 425
RADIO Emergency Telephone No. 911 Service; fees...................................................................SB 484 Torts; defamatory statements............................................................................................SB 343
RAILROADS Bus Passenger Safety Act; amend provisions...............................................................HB 1629 Hamilton County-Chattanooga, Tennessee; convey certain property ........................HR 578 Southern Railway Company; sublease agreement with Tennessee Valley Railroad Museum...............................................................................................HR 285
RAMPY, DONNA; commend ...........................................................................................HR 886
RAMSEY, HONORABLE TOM; admiration of flamingos; commend...................HR 1025
REAL ESTATE (Also, see Property) Action in deficiencies in construction; limitation period .............................................HB 715 Continuing education.......................................................................................................HB 1681 Counties; recreational set-aside property; certain transfer ........................................HB 1192 Foreclosure; certain sales; notice ......................................................................--..........HB 1878 Georgia Real Estate Appraisers Board; create.............................................................HB 1764 Home purchase; income tax deduction...........................................................................HB 505 Real estate; education, research, and recovery fund; minimum amount.................HB 1451 Transfer tax; forms furnished to tax assessors............................................................HB 1817 Transfer tax; housing surcharge.....................................................................................HB 1338 Transfer tax; proceeds to Superior Court Clerk's Retirement....................................HB 469 Trusts; payment of funds for real property improvement...........................................HB 890
REAPPORTIONMENT House Districts 118 and 137 ...........................................................................................HB 1482 Senate Districts 15 and 16 .................................................................................................SB 582
RECREATION Athlete agents; regulation................................................................................................HB 1373 Athlete agents; regulation ..................................................................................................SB 423 Counties; recreational set-aside property; certain transfer........................................HB 1192 House Artificial Reef Study Committee; create ............................................................HR 410 Master therapeutic recreation specialist; licensing......................................................HB 1237
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2806

INDEX

RECREATION (Continued) Off-road recreational vehicles; safety requirements......................................................HB 666 School buses; recreational activities; authorization.....................................................HB 1011 Special county sales tax; cultural, recreational or historic facilities............................................................................................................HB 1136 Special sales tax; certain cultural, recreational and historic facilities..............................................................................................................HB 740
REDEVELOPMENT (See Buildings and Housing)
REIDSVILLE, CITY OF; convey property to Tattnall County Board of Education ............................................................................................................HR 581
RELIGION Ad valorem tax; exempt certain church-owned vehicles ............................................HB 1225 Day-care centers; licensure; certain exemption..............................................................HB 608 Wine and malt beverages; churches; distance requirements......................................HB 1210
RESIDENTIAL FINANCE Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Housing authorities; joint cooperation ..........................................................................HB 1499 Residential and family farm mortgages; amend provisions ..........................................SB 479 State Housing Trust Fund; create .................................................................................HB 1339 State Housing Trust Fund; provide - CA.......................................................................HR 587 Urban residential finance authority for large municipalities; definitions ......................................................................................................................HB 1501
RESPIRATORY THERAPISTS; eliminate use of certain terms and abbreviations ....................................................................................................HB 710
RESTAURANTS Degradable containers; fast food sales ..........................................................................HB 1699 Health testing of employees..............................................................................................HB 831
RETIREMENT AND PENSIONS Agricultural Exposition Authority; membership; Employees' Retirement System.........................................................................................................HB 305 Agrirama Authority; Employees' Retirement; membership .........................................HB 896 Bankruptcy; certain property or retirement funds; exemption....................................SB 510 Beneficiary change; notify spouse ........................................................................................HB 4 Change of beneficiary; notice............................................................................................HB 376 Court officials; new system ...............................................................................................HB 703 District attorneys emeritus; certain salary changes ....................................................HB 1155 District Attorneys' Retirement; years for vesting; credit .............................................HB 565 Education Department; certain personnel....................................................................HB 1071 Employees' Retirement; certain beneficiaries; increase ................................................HB 358 Employees' Retirement; certain military service credit................................................HB 110 Employees' Retirement; certain military service; credit...............................................HB 822 Employees' Retirement; district attorneys' investigators...............................................HB 24 Employees' Retirement; Environmental Facilities Authority....................................HB 1046 Employees' Retirement; Federal-State Shipping Point Inspection Service ............HB 1134 Employees' Retirement; Fulton County board of health; membership ........................SB 87 Employees' Retirement; judges and district attorneys' secretaries; credit.................................................................................................................................HB 375 Employees' Retirement; options pertaining to spouse...................................................SB 129 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service ........................................................................................HB 993 Firemen's Pension; increase benefits...............................................................................HB 356 Firemen's Pension; private companies; eligibility..........................................................HB 504

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2807

RETIREMENT AND PENSIONS (Continued) Income tax; exclude certain Social Security and railroad retirement benefits .......................................................................................................HB 1415 Income tax; exclude certain Social Security benefits..................................................HB 1170 Income tax exemption; certain retirement income......................................................HB 1473 Income tax exemption; repeal.........................................................................................HB 1180 Investment of state funds in South African institutions..............................................HB 336 Joint Municipal Employees' Benefit System; investment of benefits; delete certain provisions..............................................................................HB 1351 Juvenile Court Judges' Retirement; benefits...............................................................HB 1021 Legislative Retirement; creditable service ......................................................................HB 106 Legislative Retirement; creditable service allowance....................................................HB 242 Military or federal government income; certain exemption.........................................HB 299
Military retirement and disability benefits; express support for pending Congressional resolution ..........................................................................HR 978
Municipal Gas Authority; retirement and employee benefits ...................................HB 1512 Peace Officers' and Firemen's Pension Funds; health insurance plan.....................HB 1212 Peace Officers' Annuity and Benefit Fund; benefit provisions ...................................HB 458 Peace Officers' Annuity and Benefit Fund; certain Human
Resources employees.......................................................................................................SB 178 Peace Officers' Annuity and Benefit Fund; certain Public
Service Commission employees ....................................................................................HB 157 Peace officers'Annunity and Benefit Fund; certain requirements;
exemption.......................................................................................................................HB 1693 Peace Officers' Annuity and Benefit Fund; membership; medical
examination ...................................................................................................................HB 1213 Peace Officers' Annuity and Benefit Fund; surviving spouse; benefits ......................SB 128 Peace officers; certification requirements .....................................................................HB 1740 Probate Courts Retirement Fund; increase benefits........................................................SB 15 Public School Employees' Retirement; benefit adjustments .......................................HB 480 Public School Employees' Retirement; benefit amount ...............................................HB 482 Public School Employees' Retirement; creditable service ............................................SB 221 Public School Employees' Retirement; 40 years service.............................................HB 1025 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Sheriffs' Retirement; increase certain fees .....................................................................HB 717 Sheriffs' Retirement; membership; requirement............................................................HB 718 State Board of Postsecondary Vocational Education; name change;
Department of Technical and Adult Education......................................................HB 1779 State Employees Health Insurance; urge participation for
retired teachers...............................................................................................................HR 898 Superior court clerks and spouses; benefits ........................................................................SB 7 Superior Court Clerks' Retirement; proceeds of real estate transfer tax ..................HB 469 Superior Court Judges Retirement; board of trustees; amend provisions..................SB 501 Superior Court Judges Retirement; creditable service ...............................................HB 1022 Superior Court Judges Retirement; creditable service;
certain benefits................................................................................................................HB 842 Superior Court Judges Retirement; years for vesting; credit ......................................HB 566 Teachers Retirement; certain municipality; employee contributions .......................HB 1044 Teachers Retirement; certain public school employees; membership .........................SB 370 Teachers Retirement; computation; certain limitation.................................................HB 173 Teachers Retirement; creditable service; reduce years.................................................HB 901
Teachers Retirement; football coaching service; credit ................................................HB 381
Teachers Retirement; include staff of regional educational service agency ................................................................................................................HB 1321
Teachers Retirement; membership; certain county employees ...................................HB 704
Teachers Retirement; military school service; credit ....................................................HB 725
Teachers Retirement; postretiremen! benefit adjustment ...........................................HB 357

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2808

INDEX

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; pregnancy leave; credit...............................................................HB 278 Teachers Retirement; private school service; credit...............................................--....HB 158 Teachers Retirement; reestablishing creditable service................................................HB 382 Teachers Retirement; service in certain private colleges; credit.................................HB 706 Teachers Retirement; service in private schools; credit.............................................HB 1182 Teachers Retirement; 30 years service; definition..........................................................SB 249 Teachers; sick leave; credit ...............................................................................................HB 423 Trial Judges' and Solicitors' Retirement; average compensation ...............................HB 481
REVENUE (See Taxation and Revenue)
REVENUE BONDS Cobb County; bond proceeds; requirements ...................................................................SB 537 College savings bond; General Assembly provide - CA................................................HR 697 Counties and municipalities; legal fees...........................................................................HB 273 Financial and Investment Commission; capital appreciation bonds; higher education............................................................................................................HB 1613 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Private Colleges and Universities Authority; proceeds of bonds; student loans....................................................................................................................SB 371 Residential and family farm mortgage; amend provisions............................................SB 479 State Tollway Authority; relocation assistance; define...............................................HB 1769 "Undertaking"; amend definition.....................................................................................HB 936
RICEBORO, CITY OF; territorial boundaries.............................................................HB 1159
RICHMOND COUNTY Augusta-Richmond County; governmental reorganization; referendum ..................HB 1220 Board of commissioners; provide landfill........................................................................HB 359 Civil Court; chief judge; duties and powers....................................................................HB 918 Convey property..................................................................................................................HR 811 Governing authority; revise laws....................................................................................HB 1037 Homestead exemption; ad valorem tax.........................................................................HB 1478 Malt beverage tax; excess revenue ...................................................................................HB 748 Motor vehicle registration; designated periods ............................................................HB 1477 Richmond County-Augusta; board of commissioners; designation ...........................HB 1637 State court solicitor; prohibit private practice.............................................................HB 1457
RIDGEWAY, DAVID P., SR.; commend ......................................................................HR 561
RIDGWAY, HONORABLE JUDGE THOMAS W.; commend..............................HR 866
RINER, BARNEY; commend .........................................................................................HR 1036
RIVERDALE, CITY OF; homestead exemption; elderly ..........................................HB 1814
RIVERS AND LAKES Alligators; hunting regulations ..........................................................................................SB 594 Big Haynes and Alcovy Watershed Protection Study Committee .............................HR 619 Conservation and protection of water supply; urge Congressional action.................HR 954 Farm uses; permits...........................................................................................................HB 1543 Fishing; sport trotlines; certain areas............................................................................HB 1446 House J. Strom Thurmond Lake Study Committee; create........................................HR 903 J. Strom Thurmond Lake; redesignate as Clarks Hill Lake; urge Congress .............HR 821 J. Strom Thurmond Lake; water conservation purposes; urge designation by Congress................................................................................................HR 904 Lake Lanier water supply; protection.............................................................................HR 953 Protection of water supplies...........................................................................................HB 1575 River Corridor Protection Act; enact ............................................................................HB 1871

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2809

RIVERS AND LAKES (Continued) Submerged cultural resources; regulations; Board of Natural Resources................HB 1579 Tennessee Valley Authority reservoir system; proposed reassessment of changes ................................................................................................HR 778
ROACH, JIMMY AND MEMBERS OF CUB SCOUT TROUP OF WHITE COUNTY; commend ...............................................................HR 968
ROBERTS, JACQUELINE; commend .......................................................................HR 1080
ROBERTS, KATHRYN FOUCHE; condolences.........................................................HR 962
ROBERTS, TED; commend ..............................................................................................HR 645
ROBINSON, HONORABLE CAS; invite to House..................................................HR 1007
ROCKDALE COUNTY Board of Education; membership; compensation ........................................................HB 1555 Conyers-Rockdale County Charter Commission; create................................................SB 566 Homestead exemption......................................................................................................HB 1556 Motor vehicle registration; designated periods ............................................................HB 1807 State court; terms................................................................................................................SB 565
ROGERS, CURTIS; compensation ..................................................................................HR 777
ROGERS, ELIZABETH B.; condolences .......................................................................HR 960
ROME, CITY OF Board of education; add member...................................................................................HB 1821 Homestead exemption; increase; elderly .......................................................................HB 1905
ROSWELL, CITY OF; W. L. "Pug" Mabry Highway; designate in Roswell............HR 720
ROWDEN, JOHN THOMAS, SR.; commend ..............................................................HR 716
ROWLAND, CHARLIE; commend .................................................................................HR 737
ROYAL ARK MASONIC LODGE NO. 574; commend.........................................HR 1062
RUIZ, BERKLEY; commend ............................................................................................HR 985
RUSH, DEWEY DEVANT; commend ...........................................................................HR 852
RUTTER, RICHARD; compensate on behalf of Valerie A. Rutter ..........................HR 269

s

SALES AND USE TAX Ad valorem tax for education; reduction in county with special sales tax - CA ..................................................................................................................HR 723 Biomass; exemption ............................................................................................................HB 575 Business periodicals; certain exemption........................................................................HB 1171 Certain materials used in manufacturing granite; exemption .....................................HB 532 Certain printing materials; exemption ............................................................................HB 474 Certain printing materials; exemption ............................................................................HB 475 Certificate; businesses; seller acting unlawfully ...........................................................HB 1041 Education purposes; referendum - CA..............................................................................HR 84 Exemption; wheelchairs, orthopedic devices, prostheses................................................HB 59 Farm crops; certain exemption.........................................................................................HB 374
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2810

INDEX

SALES AND USE TAX (Continued) Food and certain services; exemption ...............................................................................HB 91 Food and drink; exemption.................................................................................................HB 42 Food; exempt.........................................................................................................................HB 90 Food for certain senior citizens' centers; exemption...................................................HB 1813 Heating fuel for swine structure; exemption................................................................HB 1314 Increase 2% statewide; education - CA..........................................................................HR 416 Joint county and municipal sales tax; define population...............................................HB 93 Local option sales tax; combined purposes ....................................................................HB 191 Motor vehicle; applicability...............................................................................................HB 664 Propane gas used for certain agricultural purposes ....................................................HB 1673 Public revenue; local sales tax; amend provisions...................................................--.HB 1500 Public water or sewer systems; certain services; exemption ......................................HB 1376 Retail dealer; payment included with return .................................................................HB 467 Sales at airports; certain exemption................................................................................HB 920 Sales at airports; certain exemption ................................................................................HB 960 Special county sales tax; cultural, recreational or historic facilities.......................................................................................................HB 1136 Special county sales tax; educational purposes--...........................................--........HB 1608 Special county sales tax; separate project; referendum..............................................HB 1603 Special 1% sales tax; educational purposes ...................................................................HB 424 Special purpose county sales tax; effective date; amend provisions.........................HB 1472 Special sales tax; certain cultural, recreational and historic facilities............................................................................................................................HB 740 Special sales tax for education; county boards of education issue revenue bonds - CA..............................................................................................HR 724
SANITARIANS; regulation................................................................................................SB 420
SAPONARI, MARY E.; compensate ..............................................................................HR 655
SAVANNAH, CITY OF Ad valorem tax; millage rates.........................................................................................HB 1533 Chatham-Savannah Youth Futures Authority; create................................................HB 1323 Homestead exemption......................................................................................................HB 1207 Homestead exemption; elderly .......................................................................................HB 1208 Homestead exemption; elderly or disabled...................................................................HB 1206 Mayor's term .....................................................................................................................HB 1138 Savannah River Scenic Highway; designate...................................................................HR 747
SAWYER, JEAN OSBORN; Gainesville Rotary Woman of the Year; commend...................................................................................................... HR 959
SCHLEY COUNTY; tax commissioner, compensation..................................................SB 507
SCHOOL BUSES Drivers; minimum salary.................................................................................................HB 1692 Lights; requirement...............................................................................................................SB 90 Recreational activities; authorization............................................................................HB 1011 Speed limit; transportation to certain events ..............................................................HB 1443
SCHOOLS (Also, see Education) Ad valorem tax; school lunches; municipal development authorities.......................HB 1785 Ageforenrollment...............................................................................-...................-....HB 1369 Alcoholic beverage license display; amend proximity regulation ..............................HB 1656 Buses; speed limit; transportation to certain events...................................................HB 1443 Campus policemen; certification and training costs; requirement..............................HB 329 Capital outlay needs; population growth........................................................................HB 346 Certain courses; requirements...........................................................................................HB 472 Comprehensive evaluation of school systems..................................................................SB 588 Compulsory attendance; age for enrollment.....................................................................HB 39

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2811

SCHOOLS (Also, see Education) (Continued) Criminal trespass; definition...........................................................................................HB 1057 Day-care centers; licensure; certain exemption..............................................................HB 608 Development programs; stipends...................................................................................HB 1539 Enrollment; eligibility......................................................................................................HB 1522 Handicapped children; special educational services; certain funds..........................HB 1404 Hazing; prohibit................................................................................................................HB 1662 Health improvement program ..........................................................................................HB 794 House School System Size Study Committee; create...................................................HR 829 Increase number of days....................................................................................................HB 262 Jails; construction near schools; requirements................................................................SB 500 Local boards of education; vary length of school years..............................................HB 1276 Local school systems; grants; calculation of allotments .............................................HB 1644 Minors; employment during school hours.....................................................................HB 1445 Other sources of revenue for local school systems; provide - CA .................................HR 12 Proprietary schools; certificates of authorization..........................................................HB 905 Quality Basic Education; certain counseling services; urge review.............................HR 931 Review of textbooks...........................................................................................................HB 494 School bus drivers; minimum salary..............................................................................HB 1692 School superintendents; appointment.............................................................................HB 737 School year; decrease number of days; certain circumstances...................................HB 1340 School year; opening and closing day..............................................................................HB 951 Security personnel; authorization to carry firearms....................................................HB 1353 Sex education course; requirement ....................................................................................HB 97 Sex education course; standards .......................................................................................SB 352 Transportation costs; distance requirements.................................................................HB 981 Voter registraton; amend provisions.................................................................................SB 508
SCOTLAND, CITY OF; new charter............................................................................HB 1850
SCOTT, HERSCHEL;commend......................................................................................HR 848
SCOTT, MABLE THOMAS; condolences.....................................................................HR 858
SEABOLD, KENNETH, LUMPKIN COUNTY SHERIFF; commend...............HR 853
SEARLES, STACEY; commend ....................................................................................HR 1017
SEAT BELTS Child restraint; requirements..............................................................................................HB 71 Encourage use .......................................................................................................................HR 80 Motor vehicles; minors..........................................................................................................SB 29 Motor vehicles; requirement.............................................................................................HB 751 Motor vehicles; requirement................................................................................................SB 64 Requirement.........................................................................................................................SB 482 Signs promoting usage.......................................................................................................HR 593
SECRETARY OF STATE Communications..............................Pages 6, 7, 8, 9, 11, 12, 14, 15, 17, 18, 19, 127, 152, 184, 477, 696, 976, 2385, 2692
SECURITIES; investment advisory business; regulate...............................................HB 1566
SEEDS Grain dealers; certain documents; investigations ...........................................................SB 440 Labeling; year of production.............................................................................................HB 923
SELLARS, ROBERT B.; honor and commend.............................................................HR 805
SELLERS-SMITH FUNERAL HOME, INC.; commend ......................................HR 1018

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2812

INDEX

SEMINOLE COUNTY Treasurer; abolish office .....................................................................................................SB 660 Treasurer; repeal Act providing compensation...........----.....--....--.........------.......--SB 659
SENATE Apportionment; Districts 15 and 16 .................................................................................SB 582 Joint Prefiling of Legislation Study Committee; create .................................................HR 95 Lieutenant Governor; salary ...........................................................................................HB 1195 Notify the House of Representatives the Senate has convened ..................................SR 243 Term of office - CA.................................................................................................................SR 7
"SENIOR GEORGIANS' DAY"; designate February 11, 1988 .................................HR 779
SENTENCING Battery offense; sentence served during nonworking hours.........................................HB 238 Counties; reimbursement for capital felony expenses..--.....................------.----HB 1529 Criminal solicitation; penalty ..........................................................................................HB 1562 Death penalty; mentally incompetent persons.................................................----........HB 878 Death penalty; offense against person under 17...........--............................................... SB 563 Death penalty; persons present at execution; amend provisions.................--.............SB 471 Death penalty; persons under 18; prohibitions.............................................................. HB 777 Felony; offense of escape.................................................................................................HB 1593 Probation; amend provisions .............................................................................................SB 434 Satisfaction of fines by community service.....................................................................SB 470 Traffic offenses; modify judgment...................................................................................HB 136
SERVICE CORPS OF RETIRED EXECUTIVES; commend...............................HR 824
SEXUAL OFFENSES Adultery; repeal section relating to...............................................................................HB 1453 Age of consent.......................--................--..----.--....----..............................................HB 41 Age of consent...................................................................................--...............--.----..........SB 5 Aggravated child molestation; bail requirement............................................................HB 714 Aggravated child molestation; definition of offense--.................................................HB 1354 AIDS testing; requirement ..........................................................................................HB 1047 Alcoholic beverages; prohibited conduct on premises where sold--............................HB 516 Child abuse; reporting by certain persons--.................................................................HB 1355 Child Pornography Study Committee; create--.............................................................HR 127 Commission of Children and Youth; create .................................................................HB 1371 Evidence; offense against minor; spouse's testimony....................................................HB 181 Evidence; prosecution for rape.......................................................................................HB 1568 Fornication; repeal section relating to--........................................................................HB 1452 Minors engaging in sexual conduct; unlawful depictions.............................................HB 223 Minors; viewing certain nude and sexual conduct; prohibitions.--...........................HB 1843 Pandering or solicitation of a minor..............................................................................HB 1221 Registration with sheriff; certain offenders..................................................................HB 1346 Sex crime conviction; furnish records to Georgia Bureau of Investigation...........................................................................................----...........HB 1429 Sexual exploitation of children; forfeiture of profits....................................................HB 179 Sexual exploitation of children; penalties.....................................................................HB 1356 Sexual exploitation of children; penalties.--.........................................................----.HB 1226
SHEAROUSE, HEATHER; commend...........................................................................HR 687
SHELTON, CHARLOTTE; invite to House.................................................................HR 704
SHERIFFS Bad check; fee for serving citation.................................................................................HB 1521 Civil cases; service fees....................................................................................................HB 1530 Cost-of-living adjustments ................................................................................................. SB 463

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2813

SHERIFFS (Continued) Honorary office of sheriff emeritus................................................................................HB 1797 Reports of interference with duties; repeal..................................................................HB 1531 Retirement; increase allocation from certain fines........................................................HB 719 Retirement; increase certain fees.....................................................................................HB 717 Retirement; membership; requirement...........................................................................HB 718 Salary; cost-of-living adjustments..................................................................................HB 1331 Sexual offenses; certain offenders; registration............................................................HB 1346
SHIRLEY, WILMER H.; condolences............................................................................^ 881
SUMMONS, JOE D.; compensate ....................................................................................HR 660
SIMS, GREGG STUART; commend..............................................................................HR 616
SIMS, MARY L. FORD; commend.................................................................................HR 566
SIRMANS, JILL;commend..............................................................................................HR 689
SIXTEENTH ANNUAL FIREMEN'S RECOGNITION DAY; commend.........HR 644
SKANDALAKIS, DR. JOHN E.; commend.................................................................HR 772
SLEDGE, EVA ANN; commend......................................................................................HR 715
SLOSHEYE TRAIL BIG PIG JIG Recognize as greatest barbecue cooking contest............................................................HR 980 Recognize as state barbecue cooking contest.................................................................HR 855
SMITH, BUFFI ST. JIL; commend ...............................................................................HR 615
SMITH, GLENNIE; commend .........................................................................................HR 867
SMITH, HONORABLE MILTON MORTON; condolences....................................HR 647
SMITH, JAMES D.; commend.........................................................................................HR 957
SMITH, LONNIE; condolences .......................................................................................HR 775
SMITH, MRS. SANCIL; congratulate on 101st birthday...........................................HR 947
SMITH, REVEREND JIMMY L.; commend............................................................HR 1056
SMITH, RICHARD RUSSELL; condolences..............................................................HR 940
SMITH, ROBYN;commend..............................................................................................HR 857
SMYRNA, CITY OF; homestead exemption................................................................HB 1915
SNELLVILLE, CITY OF; corporate limits.................................................................HB 1816
SOCIAL SERVICES Adoption; special needs children; payments to certain agencies .................................SB 422 Aid to Families with Dependent Children; certain adopted children...........................SB 19 Blind persons; operate vending machines in certain areas..........................................HB 151 Child placement agencies; special needs children; payments....................................HB 1363 Code of Georgia; references to illegitimate or bastard; amend.................................HB 1612 Commission of Children and Youth; create.................................................................HB 1371 Day camp facility; regulation by Human Resources...................................................HB 1610 Day-care centers; employee record checks....................................................................HB 1216 Day-care centers; licensure; certain exemption..............................................................HB 608 Family and children services; county boards; nominations.......................................HB 1189 Family day-care centers; space requirements...............................................................HB 1306 Georgia Educational Reinvestment Act for Aid to Families with Dependent Children; enact ..............................................................SB 232

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2814

INDEX

SOCIAL SERVICES (Continued) Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Homeless Children and Street Prostitution Study Committee...................................HR 572 Homelessness in Georgia Study Committee; create......................................................HR 214 Hospitals; cost of care of indigent; reimbursement.....................................................HB 1387 Hospitals; license fees; appropriate to Indigent Health Care Provider Reimbursement Fund ...........................................................HB 1770 Indigent Care Trust Fund; create - CA...........................................................................SR 350 Indigent Defense Act; distribution of state funds..........................................................SB 548 Joint Medicaid Study Committee; create .......................................................................HR 785 Local governments; interment of deceased indigents; payment................................HB 1732 Medicaid utilization payment limit; certain hospitals; exemption ...........................HB 1628 Medical assistance; hearings; certain recommendations.............................................HB 1239 Public assistance; Human Resources, Department of; subpoena power ....................HB 384 Public housing; false statements; penalty .....................................................................HB 1253 Special Study Committee on Problems of Homeless; create.......................................HR 350 State Housing Trust Fund; create .................................................................................HB 1339 State Housing Trust Fund; provide - CA.......................................................................HR 587 Supplemental appropriations; FY 1987-88 ...................................................................HB 1183 Women and Poverty Study Committee; create.............................................................HR 126
SOCIAL WORKERS Professional counselors; licensure ....................................................................................HB 600 Professional counselors, social workers, and marriage and family therapists; privileged communications............................................................HB 393
SOLID WASTE Counties and municipalities; solid waste collection; regulation ...................................SB 531 Joint Study Committee on Handling and Disposal of Solid Waste; recreate................................................................................................................HR 787 Solid waste disposal sites; distance from county lines..................................................HB 862 Solid waste disposal sites; restrict permits......................................................................SB 453 Solid Waste-Energy Study Committee; create...............................................................HR 955 Solid Waste Management Act; amend.............................................................................SB 667
SOPE CREEK ELEMENTARY SCHOOL; commend..............................................HR 899
SOUTHEAST WHITFIELD HIGH SCHOOL RAIDERS AND LADY RAIDERS BASKETBALL TEAM; commend.............................HR 1060
SOUTHWEST GEORGIA ACADEMY WARRIORS FOOTBALL TEAM; commend ....................................................................................HR 630
SPALDING COUNTY Griffin-Spalding County Anti-Drug Commission; powers and jurisdiction.............HB 1916 Griffin-Spalding County Development Authority; powers and duties.....................HB 1913 Water and Sewer Facilities Authority; membership ...................................................HB 1892
SPEAKER OF THE HOUSE Communications.........................................................................Pages 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 122, 124, 126, 154 Salary ..................................................................................................................................HB 1195
SPEECH PATHOLOGISTS AND AUDIOLOGISTS Audio stress examiners; regulation..................................................................................HB 837 Speech Pathology and Audiology, State Board; termination ......................................HB 432
SPENCER, BILL; commend ............................................................................................HR 913
SPENCER, CHARLES ALONZO; condolences...........................................................HR 951

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2815

SPORTS Alcoholic beverages; Sunday sales; certain areas.........................................................HB 1848 Athlete agents; regulation................................................................................................HB 1373 Athlete agents; regulation ..................................................................................................SB 423 Child abuse; reporting by certain persons....................................................................HB 1355 Georgia-Florida football game; urge change in site.........................................................HR 30 Nonsewered toilet systems; regulate..............................................................................HB 1620 Relative to certain state property....................................................................................HR 746 State patrol; provide escort for athletic events ..............................................................SB 417 State Patrol; service at certain auto racing events......................................................HB 1700 State Professional Sports Commission; create ...................................................................HB 9 State Professional Sports Commission; create ...............................................................HB 270 Tickets; service charges; change amount ......................................................................HB 1724 Torts; certain sponsors; safety and sports program ....................................................HB 1335 World Congress Center; stadium; financing .................................................................HB 1691
SPRINGFIELD, CITY OF; new charter......................................................................HB 1749
STATE COURTS OF COUNTIES Appeals; certain decisions................................................................................................HB 1235 Appeals from magistrate courts.....................................................................................HB 1544 Council of State Court Judges of Georgia; create ..........................................................SB 432 Fulton County; special fund ..............................................................................................SB 253 Juvenile court judges; retirement benefits....................................................................HB 1021
STATE DEFENSE FORCE Commend ..........................................................................................................................HR 1044 Special license plates...........................................................................................................SB 311
STATE EMPLOYEES Agricultural Exposition Authority; membership; Employees' Retirement System.........................................................................................................HB 305 Agrirama Authority; Employees' Retirement; membership.........................................HB 896 Certain dismissal..................................................................................................................SB 403 Certain foster parents; liability ......................................................................................HB 1546 Deferred compensation plan; define employee............................................................HB 1638 Dismissal for refusing polygraph; prohibit ......................................................................SB 410 Hazardous substances; disclosure.....................................................................................HB 503 Health insurance; checks void after certain time........................................................HB 1493 Hearings; representation......................................................................................................HB 83 Injured in line of duty; compensation................................................................................SB 28 Merit System; certain insurance contracts; jurisdiction of Personnel Board..............................................................................................................HB 560 Military duty; compensation..............................................................................................SB 182 Night shift duty; salary supplement.................................................................................SB 406 On call time; compensation................................................................................................SB 127 Overtime pay; certain exceptions........................................................................................SB 21 Political activities ....................................................................................................................SB 3 Retirement; certain beneficiaries; increase.....................................................................HB 358 Retirement; certain military service credit.....................................................................HB 110 Retirement; judges and district attorneys' secretaries; credit.....................................HB 375 Retirement; options pertaining to spouse........................................................................SB 129 Sick leave; amend provisions ..............................................................................................HB 86 Sick leave; amend provisions .............................................................................................SB 124 Sovereign immunity - CA...................................................................................................SR 267 Teachers; transfer employment; Central State Hospital; benefits...............................SB 595 World Congress Center; deferred compensation plan.................................................HB 1586
STATE GOVERNMENT Administrative procedure; contested cases in decisions; statements..........................HB 841

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2816

INDEX

STATE GOVERNMENT (Continued) Administrative Services, Department of; services to local government ...................HB 1297 Area Planning and Development Commission; review.................................................HB 281 Arts Development Fund; establish....................................................................................SB 400 Asbestos removal; actions...................................................................................................SB 649 Boards and commissions; expense allowances................................................................HB 661 Budget Act; define appropriation ..................................................................................HB 1001 Commission of Inquiry; create..........................................................................................HB 519 Commissioner of Corrections; authority to make contracts..........................................SB 472 Community Affairs, Department of; amend provisions.................................................SB 475 Community Affairs, Department of; grants to counties and municipalities.........................................................................................................HB 1036 Community development block grant fund; appropriations......................................HB 1026 Community education and development grants; provide program...........................HB 1488 Contractors; public work; bid bonds................................................................................HB 636 Contracts; certain exemption; nonprofit contractor....................................................HB 1618 English; designate as official language ............................................................................HB 633 Environmental Facilities Authority; minority business participation......................HB 1309 Export finance program; establish.................................................................................HB 1484 False statements or fraudulent writings; penalty ........................................................HB 1252 Financial and Investment Commission; capital appreciation bonds; higher education............................................................................................................HB 1613 Fiscal affairs subcommittee; approval of certain leases..............................................HB 1535 General Assembly; service on certain committees, commissions or advisory boards; reimbursement............................................................................HB 1196 Health insurance; computing contributions .................................................................HB 1623 Income tax form; designated contribution - CA............................................................HR 420 Insurance; change of domicile of insurer; examination...............................................HB 1489 Investment of state funds in South African institutions..............................................HB 336 Joint Government Competition with Private Enterprise Committee; create ..............SR 79 Joint Governmental Organization Study Committee; create.......................................HR 879 Licensing boards; expense allowance...............................................................................HB 252 Mapping Advisory Board; create.......................................................................................SB 437 Medical or dental license; appeal of contested case....................................................HB 1456 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Nonprofit contractors; doing business with state; reports .........................................HB 1413 Open meetings..............................................................................................,......................HB 215 Open meetings; amend provisions......................................................,...........................HB 1344 Open meetings; amend provisions.....................................................................................SB 394 Prompt Payment Act; enact..............................................................................................SB 618 Public officials; method of compensation - CA..............................................................SR 323 Public officials; method of determination of compensation .........................................SB 553 Public property; General Assembly approval of certain sales ...................................HB 1365 Public records; inspection................................................................................................HB 1343 Public records; inspection ..................................................................................................SB 435 Public records; inspection and copying; revise provisions............................................HB 214 Salaries of state officials; amend provisions.................................................................HB 1342 Sales tax exemption; public water or sewer systems; certain services .....................HB 1376 Seat belts; posting signs promoting usage......................................................................HR 593 Southern Railway Company; sublease agreement with Tennessee Valley Railroad Museum...............................................................................................HR 285 Sovereign immunity - CA...................................................................................................SR 267
State Commission on Compensation; salary.................................................................HB 1414
State flag; change design and description.......................................................................HB 883
State Properties Commission; acquisition services for other agencies .....................HB 1626
State Properties Commission; certain exemptions ......................................................HB 1395
Supreme Court and Court of Appeals; reports; definition.........................................HB 1731

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2817

STATE GOVERNMENT (Continued) Tiger swallowtail; state butterfly; designate....................................................................SB 449 Transportation, Department of; lease of property; waive certain requirement ..........................................................................................--.......HB 1678 Workers' Compensation; employees of Department of Corrections ............................SB 473
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STEINBERG, HONORABLE CATHEY W.; commend .........................................HR 1073
STEPHENS COUNTY; lease certain property .............................................................HR 579
STEPHENS, HIM Commend.............................................................................................................................HR 681 Invite to House ...................................................................................................................HR 796
STEPHENSON, PAUL; commend................................................................................HR 1038
STEVENS, GLENDA; commend .....................................................................................HR 872
STEWART COUNTY; Water and Sewerage Authority; create ................................HB 1920
STIPE, ERIC; invite to House...........................................................................................HR 729
STONE MOUNTAIN JUDICIAL CIRCUIT; add judge ......................................HB 1670
STRICKLAND, LORRAINE; compensate ...................................................................HR 793
STRICKLER, CYRUS WARREN, III; commend....................................................HR 1026
STRIPLING, C. M. AND BERNICE; commend ........................................................HR 885
SUGAR HILL, CITY OF; corporate limits..................................................................HB 1767
SUMTER COUNTY Motor vehicle registration...............................................................................................HB 1205 Public school system; merger..........................................................................................HB 1474
SUPERIOR COURTS Clerks and spouses; retirement benefits ..............................................................................SB 7 Clerks; fees; certain reference.........................................................................................HB 1635 Clerks; minimum salary.....................................................................................................HB 547 Corporations; filing fee; clerks; information network..................................................HB 1444 County officials; cost-of-living adjustments ....................................................................SB 463 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service........................................................................................HB 993 Family violence cases; jurisdiction - CA.........................................................................HR 575 Fulton County; jury clerks; appointment ........................................................................SB 602 Indigent Defense Act; distribution of state funds..........................................................SB 548 Judges Retirement; board of trustees; amend provisions..............................................SB 501 Judges Retirement; creditable service ...........................................................................HB 1022 Judges Retirement; creditable service; certain benefits ...............................................HB 842 Judges Retirement; years for vesting; credit ..................................................................HB 566 Mortgages; cancellation; recording procedures.............................................................HB 1649 Property; grant easements for private ways; restrictions...........................................HB 1327 Senior judge; compensation for service .........................................................................HB 1230 Sessions held outside county site...................................................................................HB 1325 Superior court clerks and spouses; retirement benefits ....................................................SB 7
SUPREME COURT Joint Session; Chief Justice message ...............................................................................HR 545

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INDEX

SUPREME COURT (Continued) Joint Session; Governor's message; invite Justices and Judges ..................................HR 544 Reports; definition............................................................................................................HB 1731
SURVEYORS (See Engineers and Land Surveyors)
SUTTON, DR. THOMAS BRIDGES; condolences....................................................HR 971

TAKE PRIDE IN AMERICA COMMITTEE OF LANIER COUNTY; commend ........................................................................................................HR 809
TALBOT, BISHOP FREDERICK HILBORN; commend......................................HR 982
TALBOT COUNTY; board of commissioners; compensation....................................HB 1104
TALFORD, REVEREND JOHN; commend..............................................................HR 1064
TALMO, TOWN OF; reincorporate; boundaries and powers.....................................HB 1880
TANNER, L.; compensate ...................................................................................................HR 41
TATTNALL COUNTY; Reidsville; convey property to Tattnall County Board of Education ..............................................................................................HR 581
TAXATION AND REVENUE Abandoned motor vehicles; notification...........................................................................SB 442 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; antique automobiles; maximum value - CA......................................HR 240 Ad valorem tax; assessment of property.......................................................................HB 1514 Ad valorem tax; determination of millage rates ..........................................................HB 1534 Ad valorem tax; education; reduction in county with special sales tax - CA ..................................................................................................................HR 723 Ad valorem tax; exempt certain church-owned vehicles............................................HB 1225 Ad valorem tax; inventories; assessment date - CA.........................................................SR 11 Ad valorem tax; mobile homes.........................................................................................HB 823 Ad valorem tax; mobile homes; definition......................................................................HB 700 Ad valorem tax; municipal development authorities.....................................................SB 611 Ad valorem tax; preferential assessment; date of application......................................SB 211 Ad valorem tax; property assessed on its existing use..................................................HB 434 Ad valorem tax; property owned by authority; certain exemption.............................HB 648 Ad valorem tax; public utilities; state levy.....................................................................HB 491 Ad valorem tax; school lunches; municipal development authorities.......................HB 1785 Ad valorem tax; separate class for tangible personal property - CA..........................HR 571 Ad valorem tax; transfer certain agricultural property to relative...........................HB 1464 Boards of equalization; selection of membership ........................................................HB 1278 Boats; certificates of number for vessels; issuance......................................................HB 1148 Corporations; job tax credits...........................................................................................HB 1648 Counties and municipalities; multiyear agreements......................................................HB 256 Counties; levy fees for fire protection services.............................................................HB 1463 County boards of equalization; alternate members; appointment ............................HB 1465 County officials; filling of vacancies in offices................................................................SB 409 County tax digests; review and equalization................................................................HB 1279 County tax officials; appointment of chief deputy.........................................................SB 485 County tax officials; cost-of-living adjustments..............................................................SB 463
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2819

TAXATION AND REVENUE (Continued) Equalized adjusted school property tax digest; establish...........................................HB 1269 Estates; year's support; payment of taxes ....................................................................HB 1840 Excise tax on beer and wine.............................................................................................HB 758 Exemption; certain income of states; urge amendment to United States Constitution ......................................................................................HR 300 Financial institutions; state and local taxation..............................................................HB 642 Fiscal notes; explanation of impact of bill; requirement............................................HB 1802 Fulton County; alternative tax deferral for the elderly.................................................SB 533 Fulton County-Atlanta; hotel-motel tax.......................................................................HB 1554 Homestead exemption; certain qualification; population classification...................HB 1727 Homestead exemption; elderly; income qualification ...................................................HB 778 House Alternative Revenue Sources Study Committee; create...................................HR 757 Income tax; certain retirement income; exemption.....................................................HB 1473 Income tax; change provisions........................................................................................HB 1417 Income tax; child care and household expenses; credit................................................HB 671 Income tax; contribution of property to certain youth organizations; credit.......................................................................................................HB 999 Income tax; corporations; allocation of income............................................................HB 1432 Income tax; corporations; calculation............................................................................HB 1547 Income tax; designated contribution - CA......................................................................HR 420 Income tax; employment security; setoff debt................................................................SB 490 Income tax; estimated payments; fiduciaries ...............................................................HB 1418 Income tax; exclude long-term care insurance...............................................................HB 844 Income tax; exclude Social Security benefits ...............................................................HB 1170 Income tax; home purchase; certain deduction..............................................................HB 505 Income tax; individual medical accounts ......................................................................HB 1893 Income tax; retirement income exemption; repeal ......................................................HB 1180 Income tax; special needs child; exemption ...................................................................HB 672 Income tax; tuition payments; exemption ......................................................................HB 147 Income tax; wages subject to withholding ....................................................................HB 1419 Insurance premiums; counties; reduction of ad valorem tax.....................................HB 1259 Insurance; premium taxes; date of collection...............................................................HB 1160 Intangible recording tax; convert to documentary tax .................................................HB 908 Intangible tax; charitable remainder trusts......................................................................HB 53 Intangible tax; exempt stock in certain financial institutions...................................HB 1455 Intangible tax; level of liability; filing return...............................................................HB 1020 Interest on refunds ...........................................................................................................HB 1130 Joint county and municipal sales tax; define population...............................................HB 93 Judicial officers; unlawful to interfere with official duties ........................................HB 1479 Local option sales tax; combined purposes ....................................................................HB 191 Local school systems; other sources of revenue - CA.....................................................HR 81 Mineral rights; tax records; requirements.....................................................................HB 1293 Mortgage Revenue Bonds; urge Congress extend date for issuance............................SR 295 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Motor carriers; annual reports; regulation......................................................................HB 418 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Motor fuel tax; allocation of proceeds - CA...................................................................HR 455 Motor fuel tax; change rate.................................................................................................HB 65 Motor fuel tax; imposition by county..............................................................................HB 518 Motor fuel tax; quarterly or annual reports ...................................................................HB 419 Motor fuel tax; rate............................................................................................................HB 440
Motor fuel tax; rate change...............................................................................................HB 318
Motor fuel tax; refunds......................................................................................................HB 420
Motor fuel tax; urge Congress to take certain action ...................................................HR 661
Motor vehicle registration; prorated fee .........................................................................HB 447
Motor vehicles; ad valorem tax assessment; dealers ...................................................HB 1299

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2820

INDEX

TAXATION AND REVENUE (Continued) Municipalities; contract with county; tax collection ...................................................HB 1200 National Register of Historic Places; transfer of property; taxation - CA....................................................................................................................SR 265 New motor vehicle dealer; registration requirements .................................................HB 1729 Nongasoline fuels; urge Congressional amendment to tax laws..................................HR 570 Other sources of revenue for local school systems; provide - CA .................................HR 12 Peace officers; exempt certain retirement income.........................................................HB 656 Personal property appraisers; supplemental funds .....................................................HB 1270 Property of electric utilities; state ad valorem tax........................................................HB 696 Property of electric utilities; state ad valorem tax - CA..............................................HR 221
Public Revenue Code; reference date; Federal tax code............................................HB 1415 Public revenue; local sales tax; amend provisions .......................................................HB 1500
Public sales; time for holding............................................................................................SB 158 Real estate transfer tax; housing surcharge..................................................................HB 1338
Real estate transfer tax; forms furnished to tax assessors.........................................HB 1817
Real estate transfer tax; proceeds to Superior Court Clerks'Retirement..........................................................................................................HB 469
Residential and family farm mortgages; amend provisions ..........................................SB 479
Retirement; certain military or federal government income; exemption...................HB 299 Sales tax certificate; businesses; seller acting unlawfully...........................................HB 1041 Sales tax; exempt biomass.................................................................................................HB 575
Sales tax; exempt certain business periodicals ............................................................HB 1171 Sales tax; exempt certain materials used in manufacturing granite ..........................HB 532 Sales tax; exempt certain printing materials..................................................................HB 474 Sales tax; exempt certain printing materials...................................................,..............HB 475
Sales tax; exempt certain sales at airports .....................................................................HB 920 Sales tax; exempt certain sales at airports .....................................................................HB 960
Sales tax; exempt farm crops............................................................................................HB 374 Sales tax; exempt food.........................................................................................................HB 90
Sales tax; exempt food and certain services.....................................................................HB 91 Sales tax; exempt food and drink......................................................................................HB 42
Sales tax; exempt food for certain senior citizens' centers........................................HB 1813 Sales tax; exempt heating fuel for swine structure.....................................................HB 1314
Sales tax; exempt propane gas used for certain agricultural purposes ....................HB 1673 Sales tax; exempt public water or sewer systems; certain services...........................HB 1376
Sales tax; exempt wheelchairs, orthopedic devices, prostheses .....................................HB 59 Sales tax; increase 2% statewide; education - CA.........................................................HR 416 Sales tax; motor vehicle; applicability .............................................................................HB 664
Sales tax; retail dealer; payment included with return................................................HB 467
Special county sales tax; cultural, recreational or historic facilities............................................................................................................HB 1136
Special county sales tax; educational purposes............................................................HB 1608 Special county sales tax; separate project; referendum ..............................................HB 1603
Special 1% sales tax; educational purposes ...................................................................HB 424 Special purpose county sales tax; effective date; amend provisions.........................HB 1472
Special sales and use tax; education purposes; referendum - CA.................................HR 84
Special sales tax; certain cultural, recreational and historic facilities..............................................................................................................HB 740
Special service districts; temporary loans - CA.............................................................HR 626
State ad valorem tax; electric utilities; distribution - CA............................................HR 167 State Board of Equalization; abolish...............................................................................HB 337
State lottery; provide.........................................................................................................HB 204 Tax commissioners and collectors; salaries; cost-of-living adjustments...................HB 1331
Tax executions; advertisement; requirement................................................................HB 1074 Tax executions; prohibit payment by certain officials ...............................................HB 1280
Tax Reform Act of 1986; costs to farmers; urge amendment to United States Constitution ...........................................................................................HR 897

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INDEX

2821

TAXATION AND REVENUE (Continued) Tax returns; confidential information; furnish to certain persons .............................HB 118 Tax sales; redemption period; certain date ..................................................................HB 1674 Time-share estates; tax status ..........................................................................................HB 200 Wills; spouse receive maximum marital deduction ........................................................SB 255
TAYLOR COUNTY HIGH SCHOOL GIRLS BASKETBALL
TEAM; commend.............................................................................................................HR 1074
TAYLOR, MRS. GINGER; commend ..........................................................................HR 1058
TEACHERS (Also, see Education) Application for certification; fee.....................................................................................HB 1714 Finance Subcommittee; urge study of teachers salary levels.......................................HR 718 Grievance procedures; standards.......................................................................................SB 638 Health insurance; discharge of debt ..............................................................................HB 1491 Health insurance; employer's contributions .................................................................HB 1622 Health insurance; flexible benefit plan.........................................................................HB 1390 Life certificates; continuing education courses ..............................................................HB 543 Paraprofessional Teacher Assistants and Education Secretaries Study Committee; create.............................................................................................,.............HR 780 Personnel; career development .......................................................................................HB 1553 Professional Practices Committee; create code of ethics ..............................................SR 298 Quality Basic Education; funds for guidance counselors ...........................................HB 1246 Retirement; certain municipality; employee contributions........................................HB 1044 Retirement; certain public school employees; membership..........................................SB 370 Retirement; computation; certain limitation..................................................................HB 173 Retirement; creditable service; reduce years..................................................................HB 901 Retirement; football coaching service; credit .................................................................HB 381 Retirement; include staff of regional educational service agency .............................HB 1321 Retirement; membership; certain county employees ....................................................HB 704 Retirement; military school service; credit .....................................................................HB 725 Retirement; postretirement benefit adjustment ............................................................HB 357 Retirement; pregnancy leave; credit ................................................................................HB 278 Retirement; private school service; credit.......................................................................HB 158 Retirement; reestablishing creditable service .................................................................HB 382 Retirement; service in certain private colleges; credit ..................................................HB 706 Retirement; service in private schools; credit ..............................................................HB 1182 Retirement; 30 years service; definition...........................................................................SB 249 Sick leave; credit.................................................................................................................HB 423 State Employees Health Insurance; urge participation for retired teachers ...............................................................................................................HR 898 Surviving spouses; health insurance ................................................................................HB 757 Teachers and school personnel; certain salary deductions; employee benefit.............................................................................................................HB 638 Transfer employment; Central State Hospital; benefits ............................................HB 1774 Transfer employment; Central State Hospital; benefits ...............................................SB 595 Unused sick leave .............................................................................................................HB 1240
TELEPHONE AND TELEGRAPH SERVICE Automated telephone dialing; certain numbers; prohibition .....................................HB 1284 Automatic telephone numbers; per-call charge; restrictions......................................HB 1497 Emergency Telephone No. 911 Service; fees..................................................................HB 218 Emergency Telephone No. 911 Service; fees..................................................................HB 484 Fair Business Practice; telelphone solicitation; requirements......................................SB 575 Public Service Commission; tariff on certain service; regulation..............................HB 1234 Sales tax; exemption.............................................................................................................HB 91 Telephone conversation; taping prohibitions .................................................................HB 550

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2822

INDEX

TELEVISION Death penalty; televise executions .....................................................................................HB 89 Landlord and tenant; cable television service; prohibitions ...........................................SB 16 Minors; viewing certain nude and sexual conduct; prohibitions ...............................HB 1843 Sexual exploitation of children; penalties.....................................................................HB 1356 Torts; defamatory statements............................................................................................SB 343
TELFAIR COUNTY; Helena; grant easement; water service facilities .....................HR 707
THAXTON, JAMES AUBREY "ORBIE"; commend...............................................HR 849
THEFT Crimes; conversion of leased property; punishment ......................................................SB 599 Damage to property; recovery.........................................................................................HB 1538 Shoplifting; property value; amend provisions ..............................................................HB 824
THOMAS, RENEE; commend .......................................................................................HR 1053
THOMAS, REVEREND GEORGE W.; commend......................................................HR 995
THOMASTON-UPSON COUNTY AIRPORT AUTHORITY; create..............HB 1803
THURSTON SCHOOL; commend ................................................................................HR 1010
TIFT COUNTY AIRPORT AUTHORITY; change name to Tifton-Tift County Airport Authority...........................................................................HB 1867
TIFTON, CITY OF; Tift County Airport Authority; change name to Tifton-Tift County Airport Authority..............................................HB 1867
TIFTON JUDICIAL CIRCUIT; judges' compensation ...........................................HB 1459
TIGER SWALLOWTAIL BUTTERFLY; designate state butterfly........................SB 449
TODD, HAL; commend .....................................................................................................HR 646
TOLBERT, HONORABLE TOMMY Election..............................................................................................................................Page 153 Oath of Office ...................................................................................................................Page 153 Committee Assignments ..................................................................................................Page 154
TOOTLE, RENEE; commend and invite to House.......................................................HR 624
TORRENCE, GWEN; commend.......................................................................................HR 597
TORTS Action for deficiencies in construction; limitation period............................................HB 715 Actions against law enforcement officer; bond................................................................HB 46 Amend provisions....................................................................................................................SB 1 Asbestos; removing or cleaning; certain immunity........................................................HB 341 Business corporations; certain persons; limitations of liability ...................................HB 799 Charitable institutions; certain liability..........................................................................HB 340 Charitable organizations; certain immunity...................................................................HB 339 Chemical products; certain exceptions............................................................................HB 753 Civil process; malicious abuse..............,............................................................................HB 745 Corporations; officers and employees; indemnification and expenses.........................SB 302 Damage to property; recovery.........................................................................................HB 1538 Dental students; certain immunity................................................................................HB 1549 Dogs; death or injury to llamas or alpacas; liability ...................................................HB 1311 Drugs; limitations on punitive damages........................................................................HB 1408 Electric membership corporations; directors' liability...................................................SB 536 Farmers; pesticide contamination cases; liability ........................................................HB 1518 Independent contractor; employer's liability ..................................................................SB 207

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INDEX

2823

TORTS (Continued) Insurance; annual reports; certain requirement..............................................................8B 134 Intoxicated persons; liability for acts............................................................................HB 1495 Medical malpractice; notice of investigation ................................................................HB 1367 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Persons who furnish alcoholic beverages to minors ....................................................HB 1123 Punitive damages................................................................................................................HB 253 Sponsors; safety and sports program.............................................................................HB 1335 Visual or sound broadcasts; defamatory statements......................................................SB 343 Workers' Compensation; recovery against third-party tort-feasors..........................HB 1542 Wrongful death of parent; action by child ......................................................................SB 259
TOWNS COUNTY Amicalola Falls; conveyance of property by United States Forest Service...............HR 877 Probate court; judge serve as chief magistrate; compensation..................................HB 1908 Probate court; judge's compensation .............................................................................HB 1906
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Airports; counties and municipalities register as operators.........................................HB 942 Bids; examination of site.................................................................................................HB 1781 Blind persons; operate vending machines in certain areas ..........................................HB 151 Forest Hays, Jr. Memorial Highway; urge designation ..............................................HR 1041 Highways; length of vehicle; special permits..................................................................HB 170 Highways; securing loads of pulpwood or logs.............................................................HB 1665 Highways; uniform relocation assistance; certain persons .........................................HB 1768 Highways; weight and load of vehicles; enforcement....................................................HB 849 Highways; weight, length, certain loads; permits ........................................................HB 1548 Lease of property; waive certain requirement..............................................................HB 1678 MARTA; use of revenues for construction...................................................................HB 1194 Motor vehicles; speed limits on highways.......................................................................HB 652 State Board of Transportation; election of Honorable Downing Musgrove.................................................................Pages 123, 124, 125 State Board of Transportation; election of Honorable William P. Langsdale, Jr.........................................................................Page 125 State Tollway Authority; relocation assistance and revenue bonds; define .................................................................................................................HB 1769
TRESPASSING Crimes; use of force against intruder ............................................................................HB 1640 Criminal trespass or damage to property; negligence ...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Private property; motor vehicle; penalty......................................................................HB 1592
TRIALS Appeals; supersedeas in cases of contempt....................................................................HB 817 Arraignment date; notification.........................................................................................HB 117 Evidence; prosecution for rape.......................................................................................HB 1568 Juries; certain felony cases; number impaneled...........................................................HB 1296 Juries; certain felony trials; peremptory challenges ....................................................HB 1289 Jury duty; law enforcement officers; exemption..........................................................HB 1632 New trial; extension of time for filing transcript ........................................................HB 1396 Traffic offenses; waive trial by jury; remand case.......................................................HB 1753 Trial without jury; consent of both parties .....................................................................SB 492 Witnesses; delivery of certain prisoners; procedure ....................................................HB 1627

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2824

INDEX

TROUP COUNTY; board of commissioners; meetings..................................................SB 672
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Fiduciary funds; awaiting investment or distribution ................................................HB 1162 Trustee powers; amend provisions....................................................................................SB 395
TUBE, WILLIAM JACKSON Commend.............................................................................................................................HR 863 Invite to House ...................................................................................................................HR 737
TURNER COUNTY; board of education; meetings....................................................HB 1766

u

UNDERWOOD, ROGER L.; compensate .....................................................................HR 547
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNITED WAY OF THE COASTAL EMPIRE, INC.; commend..........................HR 901
UNIVERSITY OF GEORGIA Athletes' academic achievements; commend..................................................................HR 603 Athletic accomplishments; commend ..............................................................................HR 600 Baseball team; commend...................................................................................................HR 604 Men's tennis team; commend...........................................................................................HR 601 Volleyball team; commend ................................................................................................HR 598 Women's gymnastics team; commend .............................................................................HR 595 Women's tennis team; commend......................................................................................HR 602
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Homestead exemption; disabled.....................................................................................HB 1682 Homestead exemption; disabled.....................................................................................HB 1683 Homestead exemption; elderly .......................................................................................HB 1685 Thomaston-Upson County Airport Authority; create .................................................HB 1803
USED CAR DEALERS; licensing; requirements........................................................HB 1304

VAN WERT, TOWN OF; repeal Act incorporating ....................................................HB 1526
VENEREAL DISEASE AIDS battery; conviction for murder if victim dies....................................................HB 1630 AIDS; police powers .........................................................................................................HB 1281 AIDS testing; requirement ..............................................................................................HB 1047 AIDS; urging an educational curriculum to encourage prevention.............................HR 810 AIDS victims; certain persons; notification......................................................................HB 36 Consent for surgical or medical treatment; disclosure..................................................HB 107 Marriage license; AIDS testing; requirements ...............................................................HB 604
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INDEX

2825

VENEREAL DISEASE (Continued) Pardons and paroles; AIDS test before granting.........................................................HB 1199 Prisoners; care for persons with AIDS virus ................................................................HB 1197 Prisoners; testing for AIDS virus ...................................................................................HB 1198 Public schools; sex education course; standards.............................................................SB 352 Sexually transmissible infections; control provisions....................................................HB 167 Workers' Compensation; law enforcement officers contracting AIDS .....................HB 1755
VETERANS' AFFAIRS Georgia Veterans Day Parade Association; commend ...................................................SR 354 Georgia War Veterans Cemetery; establish ....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Governor's Growth Strategies Commission; recognize impact of veterans................HR 790 Hodges, General Courtney Hicks; place plaque outside building ...............................HR 905 Special license plates; honorably discharged veterans................................................HB 1428 Special license plates; Pearl Harbor survivors ...............................................................HB 429 Special license plates; Pearl Harbor veterans ..............................................................HB 1430 Special license plates; veterans awarded Purple Heart citation ...............................HB 1433 Veterans Administration national salute to hospitalized veterans; commend.........................................................................................................HR 674 Vietnam Memorial; erect on grounds of Floyd Building..............................................HR 664
VETERINARY PRACTICE ACT; amend .................................................................HB 1209
VETOES...................................................................................................................................Page 1
VICKERS, MR. AND MRS. HOWARD CARLTON; commend ...........................HR 998
VICTIMS OF CRIMES Assistance..............................................................................................................................SB 431 Compensate - CA.................................................................................................................SR 274 Compensation; funding - CA ............................................................................................HR 281 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Workers' Compensation; assistance program .................................................................HB 791
VILLA RICA, CITY OF; new charter ..........................................................................HB 1722
VITAL RECORDS Death certificates; physician's assistant's signature.......................................................SB 260
VOCATIONAL EDUCATION Board of Postsecondary Vocational Education; designation .....................................HB 1508 Board of Postsecondary Vocational Education; nursing home assistants program ........................................................................................................HB 1003 Long-term care personnel; vocational training ..............................................................HB 687 Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee................................................................HR 580 Postsecondary Vocational Education; redesignation...................................................HB 1403 Postsecondary Vocational Education; train nursing home assistants ........................HR 843 School year; increase number of days .............................................................................HB 262 Special 1% sales tax; educational purposes ...................................................................HB 424 State Board of Postsecondary Vocational Education; name change; Department of Technical and Adult Education ......................................................HB 1779
VOTING (Also, see Elections) Absentee ballots; application; age requirement ..............................................................SB 407 Absentee ballots; change of address notification............................................................SB 402 Absentee ballots; time for registration .............................................................................SB 414 Assistance to elector; poll officer shall be present ........................................................HB 830 Candidates; plurality of votes.............................................................................................HB 85

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2826

INDEX

VOTING (Also, see Elections) (Continued) Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Driver's license examiners; deputy registrars.................................................................HB 551 Driver's license examiners; deputy registrars..................................................................SB 365 Electors; change of address; requirements.......................................................................SB 404 Registration; amend provisions .........................................................................................SB 508 Registration; marriage license acceptable for identification .........................................SB 405

w

W. L. "PUG" MABRY HIGHWAY; designate in Roswell.........................................HR 720
WALKER, HENRY JAMES; condolences....................................................................HR 945
WALKER, HENRY O.; condolences................................................................................^ 851
WALKER, HOMER J.; commend....................................................................................HR 563
WALL, HONORABLE VINSON; commend ................................................................HR 844
WALNUT GROVE-YOUTH WATER AUTHORITY Change name to Walton County Water and Sewerage Authority ......,.....................HB 1735 Commend .............................................................................................................................HR 939
WALRAVEN, SHERIFF WESLEY Commend.............................................................................................................................HR 771 Commend and invite to House.........................................................................................HR 190
WALTON COUNTY Homestead exemption; disabled .....................................................................................HB 1829 Motor vehicles; designated registration periods...........................................................HB 1830 Walnut Grove-Youth Water Authority; change name to Walton County Water and Sewerage Authority ......................................................HB 1735 Water and Sewerage Authority; create............................................................................HB 865
WAREHOUSING Licensing ...............................................................................................................................SB 441 Warehouse receipts; computer signatures; authorization..............................................SB 571 Warehousemen; weighing and handling leaf tobacco; charges...................................HB 1537
WARRANTS Fire safety inspection warrants; requirements.............................................................HB 1116 Pardon or parole; warrantless searches ...........................................................................HB 119
WASHINGTON, GLORIA BIBB; commend ...............................................................HR 944
WASHINGTON PARK SCHOOL; commend ..............................................................HR 568
WATER AND WASTEWATER Environmental Protection; marine toilets; amend provisions......................................HB 308 Municipalities; water and sewer services; responsibility ..............................................HB 773 West Georgia Regional Water Authority; create .........................................................HB 1156
WATERS, PORTS AND WATERCRAFT Big Haynes and Alcovy Watershed Protection Study Committee .............................HR 619 Boat Safety Act; flotation device; define ......................................................................HB 1596 Boats; certificates of number for vessels; issuance......................................................HB 1148 Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 502
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INDEX

2827

WATERS, PORTS AND WATERCRAFT (Continued) Brunswick Port Authority; transfer property to Georgia Ports Authority.................SB 504 Coastal marshlands; certain acts on private property; exclusions ..............................HB 268 Conservation and protection of water supply; urge Congressional action .................HR 954 Environmental Protection; marine toilets; amend provisions......................................HB 308 Fishing; sport trotlines; certain areas ............................................................................HB 1446 Groundwaters; farm uses; permits .................................................................................HB 1543 Groundwaters; permits for farm use................................................................................HB 137 Hazardous materials or oil; certain quantities; report spill.........................................HB 775 Juvenile proceedings; certain traffic or waterways offense; jurisdiction.........................................................................................................SB 147 Lake Lanier water supply; protection .............................................................................HR 953 Oysters and clams; repeal mandatory closed seasons .................................................HB 1794 River Corridor Protection Act; enact ............................................................................HB 1871 Rivers; protection of water supplies ..............................................................................HB 1575 Sales tax exemption; public water or sewer systems; certain services .....................HB 1376 Soil and Water Conservation Commission; name change ..........................................HB 1402 Soil and Water Conservation Committee; certain contracts; grants ........................HB 1401 Submerged cultural resources; regulations......................................................................SB 503 Submerged cultural resources; regulations; Board of Natural Resources................HB 1579 Tennessee Valley Authority reservoir system; proposed reassessment of changes ................................................................................................HR 778 Water well contractors; licensing ...................................................................................HB 1144 Water well pump installers; licensing............................................................................HB 1487 Water Well Standards Advisory Council; legal services.............................................HB 1336 West Georgia Regional Water Authority; create .........................................................HB 1156
WATKINS, MR. AND MRS. EMORY; congratulate ..............................................HR 1072
WATSON, SHAWN; commend .......................................................................................HR 991
WAYCROSS, CITY OF; mayor; election......................................................................HB 1879
WAYCROSS JUDICIAL CIRCUIT; terms...............................................................HB 1540
WEAPONS Criminal procedure; disposition of seized property .......................................................SB 614 Firearm possession; off-duty peace officers.....................................................................SB 586 Firearms; discharging near highways; amend provisions...............................................SB 401 First offenders; certain convictions; exclude from weapons prohibitions...................SB 651
WEBB, LILLIAN, CHAIRMAN OF GWINNETT COUNTY COMMISSION; commend.........................................................................HR 818
WEIGHTS AND MEASURES Highways; length of vehicle; special permits..................................................................HB 170 Highways; length of vehicles transporting boats ...........................................................HB 129 Highways; length of vehicles transporting boats...........................................................HB 130 Highways; weight and load of vehicles; enforcement....................................................HB 849 Highways; weight, length and special loads; permits..................................................HB 1548 House Vehicle Weight Study Committee; create ..........................................................HR 812 Weight and load of vehicles on highway; permits .........................................................HB 104 Weight and load on highways; refrigerated vehicles .....................................................HB 231
WEISS, STANLEY M., SR.; commend..........................................................................HR 976
WELFARE (See Social Services)
WENER, LUCY;commend................................................................................................HR 599
WEST, DOT; commend.......................................................................................................HR 559

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2828

INDEX

WESTOVER HIGH SCHOOL BASKETBALL TEAM; commend ....................HR 1071
WESTVILLE HISTORIC HANDICRAFTS; commend...........................................HR 827
WHITE COUNTY Board of commissioners; recreate...................................................................................HB 1275 Homestead exemption; educational purposes; elderly ................................................HB 1917 Homestead exemption; elderly .......................................................................................HB 1918
WHITE COUNTY CUB SCOUT TROOP; commend...............................................HR 968
WHITE, EILEEN B.; commend .....................................................................................HR 1019
WHITE, SANDY ANN Leadership Award; commend ...........................................................................................HR 769 1987 Georgia Occupational Award of Leadership recipient; invite to House................................................................................................................HR 784
WIGLEY, JAMES D.; condolences..................................................................................HR 618
WILCOX COUNTY; board of commissioners; create .................................................HB 1672
WILDES FAMILY MASSACRE; recognize 150th anniversary................................HR 966
WILDLIFE Crop damage by deer; payment of claims.......................................................................HB 564 Deer; damage to certain property; permit to kill ..........................................................HB 392 Deer; number killed in a season; Natural Resources make annual report ..............HB 1694 Hunting; antlerless or either-sex deer; amend provisions ..........................................HB 1506 Hunting; antlerless or either-sex deer; certain counties.............................................HB 1440 Hunting; bag limit for deer; amend provisions ...............................................................SB 551 Hunting; either-sex or antlerless deer; bag limit.........................................................HB 1008 Hunting; increase bag limit for deer to five.................................................................HB 1441 Hunting; stands by person other than landowner; prohibitions .................................HB 771 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149
WILEY, SUSAN; commend...............................................................................................HR 682
WILKERSON, VICKY KAY; compensate ...................................................................HR 657
WILKES COUNTY Coroner; salary ..................................................................................................................HB 1697 Coroner; salary.....................................................................................................................SB 643 Tax commissioner; compensation...................................................................................HB 1824
WILKINSON, CARL C., SR.; condolences ...................................................................HR 639
WILKINSON COUNTY WARRIORETTES BASKETBALL TEAM; commend........................................................................................................-...HR 1066
WILLIAM H. FREEMAN MEMORIAL BRIDGE; designate...............................HR 725
WILLIAMS, HONORABLE BETTY JO; commend.................................................HR 845
WILLIAMS, JEAN CAROLYN; invite to House........................................................HR 745
WILLIAMS, THEODORE VERNON; condolences ...................................................HR 612
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Administrator for the county; eligibility .........................................................................HB 584 Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Civil practice; nonresidents; certain jurisdiction ............................................................SB 396 Code of Georgia; references to illegitimate or bastard; amend .................................HB 1612

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INDEX

2829

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES (Continued) Commissions paid to administrators or executors.......................................................HB 1251 Common law marriage; validity ........................................................................................HB 952 Estates; decedents in nursing homes; jurisdiction.......................................................HB 1386 Estates; interest in property; amend provisions..........................................................HB 1250 Estates; inventories and returns; filing requirements ...................................................HB 598 Estates; nonresident executors; bond requirements......................................................HB 599 Estates; year's support; payment of taxes....................................................................HB 1840 Executory trust; amend provisions ................................................................................HB 1151 Guardians or trustees; commissions...............................................................................HB 1163 Investments by executors ................................................................................................HB 1435 Property; spouse receive maximum marital deduction..................................................SB 255 Trust companies; fiduciary funds; awaiting investment or distribution..................HB 1162 Trusts; payment of funds for real property improvement...........................................HB 890 Trusts; trustee powers; amend provisions .......................................................................SB 395
WILSON, SHARON ANN; National Elementary School Counselor of the Year; commend ............................................................................................................HR 894
WINDER, CITY OF; annexation of state property......................................................-HR 621
WINE (Also, see Alcoholic Beverages and Alcoholism) Alcohol content...................................................................................................................HB 199 Churches; distance requirements....................................................................................HB 1210 Excise tax.............................................................................................................................HB 758 Farm wineries; Sunday sales; certain hours .................................................................HB 1558
WITNESSES Delivery of certain prisoners; procedure.......................................................................HB 1627 Evidence; offense against minor; spouse's testimony....................................................HB 181 General Assembly committees; subpoena witnesses........................................................HB 40 Housing Authority; subpoena; failure to comply.........................................................HB 1249 Influencing testimony; prohibitions...............................................................................HB 1577 Intimidation of witness; define offense ............................................................................SB 560 Law enforcement officers; fees; amend provisions......................................................HB 1754 Workers' Compensation; witness at hearing; prohibit discharge................................HB 413
WOMEN OF GEORGIA POWER; commend...............................................................HR 802
WOODARD, JOHN AND NELLAPHA; commend; fiftieth anniversary...............HR 701
WOODS, HONORABLE JAKE; commend ................................................................HR 1047
WORKERS' COMPENSATION Administrative Procedure; rules.....................................................................................HB 1053 Appeals; certain decisions................................................................................................HB 1438 Benefits; residency requirements.....................................................................................HB 414 Common carriers; certain exception................................................................................HB 282 Community service; certain persons ..............................................................................HB 1661 Corporate officers file certifications...............................................................................HB 1437 Corrections Department; certain employees....................................................................SB 473 Employee rights; construction design professionals....................................................HB 1655 Executive director of board; ex officio member of trustees..........................................SB 547 House Workers' Compensation Self-Insurers Solvency Study Committee; create ...............................................................................................HR 368 Injured employee; certain misconduct..............................................................................SB 495 Injured employee; job refusal............................................................................................HB 556 Injured while under influence of drugs.........................................................................HB 1175 Joint Study Committee on State Operated Workers' Compensation Insurance Funds; create......................................................................HR 574

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2830

INDEX

WORKERS' COMPENSATION (Continued) Law enforcement officers contracting AIDS ................................................................HB 1755 Persons delivering newspapers; exclude.............................................................................SB 40 Prohibit dismissal for certain testimony at hearing....................................................HB 1604 Recovery against third-party tort-feasors.....................................................................HB 1542 Retaliatory dismissal.............................,..........................................................................HB 1056 State Board; open records .................................................................................................HB 681 Victims of crime; assistance program ..............................................................................HB 791 Witness at hearing; prohibit discharge............................................................................HB 413
WORLD CONGRESS CENTER Employees; deferred compensation plan.......................................................................HB 1586 Fulton County-City of Atlanta; hotel-motel tax..........................................................HB 1554 Relative to certain state property....................................................................................HR 746 Stadium; financing............................................................................................................HB 1691 Trade show facilities ........................................................................................................HB 1035
WORTH COUNTY; state court; judge's salary ............................................................HB 1710
WORTH COUNTY HIGH SCHOOL "Rams"; commend..............................................................................................................HR 582 Football team; invite to House.........................................................................................HR 728
WRIGHT, GARY; invite to House ...................................................................................HR 729
WYATT, G. LARRY; commend ......................................................................................HR 889

YOUNG, HONORABLE JIM; commend....................................................................HR 1031 YOUTH ASSEMBLY OFFICIALS; commend ...........................................................HR 758

ZONING Area planning and development commissions; review of certain developments.........................................................................,............................HB 281 Certain campaign contributions; disclosure....................................................................HB 113 Counties and municipalities; land use plans; zoning power - CA.................................HR 44 Counties; delegation of powers - CA ...............................................................................HR 546 DeKalb and Fulton Counties; zoning procedures; amend ............................................HB 910 Injunctive relief.................................................................................................................HB 1168 Joint Study Committee on Area Planning and Development Commissions; create........................................................................................................SR 264 Land use planning and development...............................................................................HB 330 Local governments; powers ...............................................................................................HB 701 Local governments; procedures.......................................................................................HB 1185 Metropolitan area planning and development commissions; membership..............HB 1193 Municipalities; business improvement districts ...........................................................HB 1442 Zoning Procedures Law; amend .......................................................................................HB 520
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INDEX

2831

ZONING (Continued) Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571

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PART II
HOUSE BILLS
HB 4 --Retirement benefits; beneficiary change; notify spouse.....................................................................................No Action
HB 5 --Motor vehicle insurance; certain state owned vehicles.......................No Action HB 7 --Game and Fish; amend Code ..............................713, 759, 944, 1020, 1051, 1721 HB 9 --State Professional Sports Commission; create.....................................No Action HB 14 --False identification documents; unlawful possession..........................No Action HB 15 --Magistrate courts; law library fees.........................................................No Action HB 22 --Marijuana; production; court jurisdiction.............................................No Action HB 24 --District Attorney's investigators; membership
in Employees' Retirement System-........................................161, 240, 1964 HB 34 --Burning of woods, lands, marshes; permit ......................................487, 602, 627,
697, 1406, 1442 HB 36 --AIDS victims; certain persons; notification..........................................No Action HB 37 --Driving under the influence; certain violations; specify
acts in other jurisdictions ...............................................................No Action HB 39 --Schools; compulsory attendance;
age for enrollment............................................................................No Action HB 40 --General Assembly committees; subpoena witnesses......................................1246 HB 41 --Sexual offenses; age of consent...............................................................No Action HB 42 --Sales tax exemption; food and drink.....................................................No Action HB 46 --Torts; actions against law enforcement officer; bond .........................No Action HB 47 --Criminal procedure; scientific evidence; GBI report...........................No Action HB 49 --General Assembly members; certain allowances ..................................No Action HB 50 --Driving under the influence; driver's license reinstatement;
requirements.....................................................................................No Action HB 51 --Motorcycles; operators wear headsets or headphones.........................No Action HB 52 --Peace Officer Standards and Training; jail or communication
officers................................................................................................No Action HB 53 --Intangibles tax; charitable remainder trusts.........................................No Action HB 54 --Fireworks; application for permit...........................................................No Action HB 57 --Probate judge; incapacity or inability to serve;
removal ..............................................................................................No Action HB 59 --Sales tax exemption; wheelchairs, orthopedic
devices or prostheses .......................................................................No Action HB 60 --State Racing Commission; create; regulate pari-mutuel
racetracks...........................................................................................No Action HB 62 --Alcoholism or drug abuse; additional penalties;
procedure...........................................................................................No Action HB 65 --Motor fuel tax; change rate.....................................................................No Action HB 66 --Annexation; certain counties; change population ................................No Action HB 68 --Municipal court; traffic fines paid to municipalities...........................No Action HB 71 --Child restraint; requirements.................................................568, 843, 2393, 2412 HB 74 --Controlled substances; forfeited property;

2834

INDEX

use of funds.......................................................................................No Action HB 75 --Motor vehicle equipment; annual inspection;
certain vehicles .................................................................................No Action HB 77 --Annexation; zoning plans; county population.....................................................89 HB 81 --Motor vehicles; safety and equipment inspection................................No Action HB 83 --Merit system employee; hearings; representation................................No Action HB 85 --Candidates; plurality of votes.................................................................No Action HB 86 --State employees; sick leave; amend provisions ....................................No Action HB 88 --County government; board of commissioners; requirement...............No Action HB 89 --Death penalty; televise executions .........................................................No Action HB 90 --Sales tax; exempt food.............................................................................No Action HB 91 --Sales tax; exempt food and certain services .........................................No Action HB 93 --Joint county and municipal sales tax;
define population.............................................................................No Action HB 95 --Assault against elderly; mandatory penalty..........................................No Action HB 96 --Controlled substances; distribution to minors; penalty................................1565 HB 97 --Schools; sex education course; requirement..........................................No Action HB 98 --Aggravated assault against elderly; penalty..........................................No Action HB 100 --Simple assault or battery against elderly; penalty ..............................No Action HB 101 --Drug trafficking; penalty .........................................................................No Action HB 102 --Aggravated battery against elderly; penalty.........................................No Action HB 103 --Controlled substances; distribution to minors; penalty ......................No Action HB 104 --Weight and load of vehicles on highway; permits...............................No Action HB 106 --Legislative Retirement; creditable service ........................................161, 407, 915 HB 107 --Consent for surgical or medical treatment; disclosure..................................2402 HB 110 --Employees' Retirement; certain military service credit......................No Action HB 111 --Insurance consumer advocate; create.....................................................No Action HB 113 --Zoning; certain campaign contributions; disclosure.............................No Action HB 114 --Fulton County; homestead exemption; elderly.....................................No Action HB 116 --Municipalities; fines from certain criminal cases.................................No Action HB 117 --Criminal procedure; arraignment date; notification............................No Action HB 118 --Tax returns; confidential information; furnish
to certain persons................................................,............................No Action HB 119 --Pardon or parole; warrantless searches .................................................No Action HB 120 --Criminal trespass or damage to property; negligence .........................No Action HB 124 --Bad checks; amend provisions................................................................No Action HB 128 --Interest and usury; origination fees and discount
points; calculation............................................................................No Action HB 129 --Highways; length of vehicles transporting boats..................................No Action HB 130 --Highways; length of vehicles transporting boats..................................No Action HB 136 --Traffic sentences; modify judgment.......................................................No Action HB 137 --Groundwaters; permits for farm use ......................................................No Action HB 139 --Tobacco products; prohibit sales to minors..........................................No Action HB 143 --Medical Radiation Health and Safety Act; provide............................No Action HB 144 --Clinch County; magistrate court; library fees ......................................No Action HB 145 --Credit cards; finance charge....................................................................No Action HB 146 --Retail Installment and Home Solicitation Sales;
revolving accounts ............................................................................No Action HB 147 --Income tax; tuition payments; exemption.............................................No Action HB 151 --Vending machines; blind persons; operate in
certain areas ......................................................................................No Action HB 152 --Mentally ill persons; release of certain information;
immunity ...........................................................................................No Action
HB 157 --Peace Officers' Annuity and Benefit Fund; certain
Public Service Commission employees...................................543, 629, 1718
HB 158 --Teachers Retirement; private school service; credit............................No Action
HB 159 --Motor Vehicle Certificate of Title; salvaged or

INDEX

2835

rebuilt vehicle..............................................................1436, 1522, 2365, 2689 HB 161 --Motor vehicles; registration application;
false statement..................................................................................No Action HB 163 --License plates; rental trailers ..................................................................No Action HB 164 --License plates; special plates; transfer fee ............................................No Action HB 167 --Sexually transmissible infections; control provisions ..........................No Action HB 168 --Insurance premiums; regulation .............................................................No Action HB 170 --Highways; length of vehicle; special permits ........................................No Action HB 172 --Motor vehicles; certain stickers; prohibitions..................................108, 181, 273 HB 173 --Teachers Retirement; computation; certain limitation.......................No Action HB 174 --Military scholarship; eligibility requirements.......................................No Action HB 175 --Cobb County; board of education; districts..........................................No Action HB 176 --Juries; selection requirement ..................................................................No Action HB 177 --Ambulance service; medical technician; requirement .........................No Action HB 179 --Sexual offenses; exploitation of child;
forfeiture of profits ..........................................................................No Action HB 181 --Evidence; offense against minor; spouse's testimony ..........................No Action HB 186 --Recall elections; amend provisions relating
to contributions................................................................................No Action HB 191 --Local option sales tax; combined purposes...........................................No Action HB 192 --Children's Services Commission; create ................................................No Action HB 194 --Insurance; policy or filing fee; requirement..........................................No Action HB 195 --Structural Pest Control; self-insurance .................................................No Action HB 196 --Insurance premium; bad check issuance; null and void .....................No Action HB 199 --Malt beverages or wine; alcohol content ...............................................No Action HB 200 --Time-share estates; tax status ................................................................No Action HB 204 --State lottery; provide................................................................................No Action HB 213 --Municipalities; road defects; repeal liability.........................................No Action HB 214 --Public records; inspection and copying;
revise provisions ...............................................................................No Action HB 215 --State and local government; open meetings .........................................No Action HB 216 --Supplementary appropriations; FY 1987-88...................1313, 1589, 2084, 2110,
2214, 2232, 2333, 2669, 2689 HB 217 --Supplementary appropriations; FY 1986-87 .........................................No Action HB 218 --Emergency Telephone No. 911 Service;
fees..................................................H82, 1197, 1255, 1759, 1794, 2571, 2689 HB 219 --Corporations; indemnification; certain persons;
authorization.....................................................................................No Action HB 220 --Magistrate courts; certain jurisdiction...................................................No Action HB 221 --State Board of Pharmacy; increase fines ..............................................No Action HB 223 --Minors engaging in sexual conduct; unlawful depictions ...................No Action HB 227 --Alcoholic beverages; in-room sales by hotel; license............................No Action HB 228 --Missing Children Information Center; age definition.....................487, 600, 957 HB 229 --Motor vehicles; registration and licensing;
penalty for non-compliance ............................................................No Action HB 230 --Garnishment; family support..................................................................No Action HB 231 --Weight and load on highways; refrigerated vehicles...........................No Action HB 233 --Financial institutions; amend Code .......................................................No Action HB 235 --Adoption; certain affidavit; waive requirement....................................No Action HB 238 --Battery offense; sentence served during
nonworking hours.............................................................................No Action HB 240 --Indemnification; emergency medical technicians.................................No Action
HB 242 --Legislative Retirement; creditable service allowance ..........................No Action
HB 248 --Controlled substances; trafficking; penalty...........................................No Action
HB 249 --Death penalty; murder committed during drug trafficking ...............No Action
HB 250 --Controlled substances; forfeited property;
use of proceeds .................................................................................No Action

2836

INDEX

HB 251 --Controlled substances or marijuana; unlawful act...............................No Action HB 252 --State licensing boards; expense allowance ............................................No Action HB 253 --Torts; punitive damages...........................................................................No Action HB 254 --Health Care data system; provide.....................................H67, 1208, 2084, 2207 HB 256 --Counties and municipalities; multiyear agreements ............................No Action HB 262 --School year; increase number of days....................................................No Action HB 268 --Coastal marshlands; certain acts on private
property; exclusions .........................................................................No Action HB 270 --State Professional Sports Commission; create .....................................No Action HB 272 --Malt beverages; home production; regulation ......................................No Action HB 273 --Counties and municipalities; bonds; legal fees.....................................No Action HB 274 --Motor vehicle insurance; driving without proof; penalty ...................No Action HB 278 --Teachers Retirement; pregnancy leave; credit...............................161, 242, 1326 HB 280 --Alpharetta, City of; change corporate limits ........................................No Action HB 281 --Area Planning and Development Commissions; review
of certain developments .........................................................65, 91, 164, 204 HB 282 --Workers' Compensation; common carriers;
certain exception..............................................................................No Action HB 283 --Banking and Finance, Department of; certain notice .........................No Action HB 290 --Juvenile proceedings; certain traffic offenses;
jurisdiction.........,...............................................................................No Action HB 299 --Income tax exemption; certain federal government
or military retirement......................................................................No Action HB 301 --Foreign judgments; enforcement ............................................................No Action HB 303 --Agrirama Development Authority; members' expenses........................958, 1191 HB 305 --Georgia Agricultural Exposition Authority;
membership; Employees' Retirement System.........................161, 412, 750 HB 306 --Labeling of beef; amend provisions........................................................No Action HB 308 --Environmental Protection; marine toilets;
amend provisions;............................................................................2084, 2233 HB 311 --Fire safety; certain buildings; smoke
detector requirement...........................................................................712, 772 HB 312 --Crime Information Center; dissemination of records..............................624, 773 HB 313 --Motor vehicle insurance; non-payment of premium ...........................No Action HB 314 --Juvenile traffic offenses; definitions ......................................................No Action HB 315 --Georgia Education Trust; create ............................................................No Action HB 318 --Motor fuel tax; rate change.....................................................................No Action HB 329 --Campus policemen; certification and training
costs; requirement............................................................................No Action HB 330 --Local governments; land use planning and development...................No Action HB 331 --Mortgages; escrow accounts; interest.....................................................No Action HB 334 --Health insurance; certain services; reimbursement .............................No Action HB 336 --Investment of state funds; South African institutions........................No Action HB 337 --State Board of Equalization; abolish......................!247, 1330, 1409, 1679, 2396 HB 339 --Torts; charitable organizations; certain immunity.............................. No Action HB 340 --Torts; charitable institutions; certain liability.................................... No Action HB 341 --Asbestos; persons removing or cleaning; certain
immunity ...........................................................................................No Action HB 345 --Local boards of education and county and
municipal governing authorities; election.....................................No Action HB 346 --Schools; capital outlay needs; population growth................................No Action HB 348 --Boilers and pressure vessels; design requirements ..............................No Action
HB 356 --Firemen's Pension Fund; increase benefits......................................l61, 243, 751
HB 357 --Teachers Retirement; postretirement benefit
adjustment....................................................................................161, 405, 751
HB 358 --Employees' Retirement; certain beneficiaries;
increase..........................................................................................!61, 404, 751

INDEX

2837

HB 359 --Richmond County; board of commissioners; provide landfill.................................................................................No Action
HB 360 --Motor vehicles; fleeing or eluding an officer; penalty .........................No Action HB 364 --Municipal corporation; annexation ......................................................................89 HB 369 --General Assembly members; practice of law........................................No Action HB 371 --Guardianship hearings; compensation; certain attorneys...................No Action HB 374 --Sales tax exemption; farm crops; certain sales.....................................No Action HB 375 --Employees' Retirement; judges and district attorneys'
secretaries; credit..............................................................................No Action HB 376 --Retirement; change of beneficiary; notice.......................................................2308 HB 379 --Industrial loans; license applicant; advertisement...............................No Action HB 381 --Teachers Retirement; football coaching service; credit ......................No Action HB 382 --Teachers Retirement; reestablishing creditable
service..........................................................................................543, 660, 1750 HB 384 --Public assistance; Human Resources, Department of;
subpoena power................................................................................No Action HB 385 --Handicapped persons; permits; dispense gasoline at
self-service price...............................................................................No Action HB 392 --Certain property; damage by deer; permit to kill................................No Action HB 393 --Professional counselors, social workers and marriage
and family therapists; privileged communications......................No Action HB 394 --Insurance; certain annual reports; requirement...................................No Action HB 397 --Motor vehicle registration; certain counties; date ...............................No Action HB 401 --North Georgia College military scholarships; selection ......................No Action HB 404 --Emergency management; local organizations; repeal state
grants..................................................................................................No Action HB 405 --Local law enforcement; driving records; dissemination ......................No Action HB 409 --Fulton County; motor vehicle registration............................................No Action HB 412 --Georgia Consumer cooperative Act; enact............................................No Action HB 413 --Workers' Compensation; witness at hearing; prohibit
discharge ............................................................................................No Action HB 414 --Workers' compensation; benefits; residency
requirements.................................................................................670, 885, 918 HB 415 --Child abuse; reporting; amend provisions.............................................No Action HB 418 --Motor carriers; annual reports; regulation ............................................No Action HB 419 --Motor fuel tax; quarterly or annual reports .........................................No Action HB 420 --Motor fuel tax; refunds............................................................................No Action HB 423 --Teachers; sick leave; credit......................................................................No Action HB 424 --Special 1% sales tax; educational purposes..........................................No Action HB 425 --Local law enforcement; speed detection devices..................................No Action HB 426 --Augusta, City of; election of council ......................................................No Action HB 427 --Public utilities; rate increase; filing .......................................................No Action HB 428 --Public Service Commission; ex parte communications.......................No Action HB 429 --License plates; special tags for Pearl Harbor survivors......................No Action HB 430 --Housing; revise discrimination provisions ...................................746, 1213, 1840,
1902, 1998, 2000, 2089 HB 431 --Alcoholic beverages; retail sales; post certain signs.............................No Action HB 432 --Speech Pathology and Audiology, State Board;
termination........................................................................................No Action HB 434 --Ad valorem tax; property assessed under
its existing use ..................................................................................No Action HB 435 --Property; abandoned landfills; prohibit construction.........................1145, 1192
HB 437 --Funeral Procession Act; enact.................................................................No Action
HB 438 --Motor fuel; retail sales; sign requirement .............................................No Action
HB 440 --Motor fuel tax; rate..................................................................................No Action
HB 442 --Blasting; interstate natural gas pipelines; certain
exemptions ........................................................................................No Action

2838

INDEX

HB 443 --Public Service Commission; operating costs; fee...........................543, 664, 2225 HB 444 --Public Service Commission; Utility Finance Section;
abolish................................................................................................No Action HB 446 --Law enforcement; certain assistance; liability of state .......................No Action HB 447 --Motor vehicle registration; tax;
prorated fee.......................................................................................No Action HB 448 --Motor vehicles; staggered registration;
certain counties.................................................................................No Action HB 458 --Peace Officers' Annuity and Benefit Fund; amend benefit
provision8......................................................................................161, 207, 751 HB 464 --Billiard rooms; operation; amend provisions ........................................No Action HB 467 --Sales tax; retail dealer; payment included with return.......................No Action HB 469 --Superior Court Clerks Retirement; proceeds of
real estate transfer tax....................................................................No Action HB 470 --Bonds; pledge of property; spouse's consent........................................No Action HB 471 --Pardons or paroles; revocation or conditional release;
requirements.....................................................................................No Action HB 472 --Schools; certain courses; requirements..................................................No Action HB 473 --General Assembly members; mileage rate.............................................No Action HB 474 --Sales tax; certain printing materials; exemption .................................No Action HB 475 --Sales tax; certain printing materials; exemption .................................No Action HB 476 --Agricultural Commodity Commission for Peanuts; amend
provisions...........................................................................................No Action HB 477 --Consumer's Utility Counsel; performance audit;
repeal requirement...........................................................................No Action HB 478 --Consumer's Utility Counsel; operating costs; fees ...............................No Action HB 480 --Public School Employees' Retirement; benefit
adjustments ................................................................................161, 524, 1182 HB 481 --Trial Judges' and Solicitors' Retirement;
average compensation......................................................................No Action HB 482 --Public School Employees' Retirement;
benefit amount...........,...............................................................161, 524, 1182 HB 487 --Cosmetologists; services outside salon...................................................No Action HB 488 --Probate court judge; office site...............................................................No Action HB 489 --Hunter education course; certification ..................................................No Action HB 491 --Ad valorem tax; public utilities; state levy...........................................No Action HB 494 --Schools; review of textbooks ...................................................................No Action HB 499 --Indemnification; law enforcement officers; date..................................No Action HB 500 --General Assembly members; expenses...................................................No Action HB 503 --Hazardous substances; disclosure to state employees;
regulate......................................................................................980, 1624, 2225 HB 504 --Firemen's Pension; private companies; eligibility................................No Action HB 505 --Income tax; certain deduction; home purchase....................................No Action HB 506 --House messenger and doorkeeper;
appointment by Speaker.................................................................No Action HB 507 --Accident and sickness insurance; preferred provider..........................1044, 1945 HB 510 --Brunswick and Glynn County; sewage system; extend - CA .............No Action HB 511 --Brunswick and Glynn County; municipal port
and terminal facilities; extend - CA..............................................No Action HB 516 --Alcoholic beverages; certain premises; prohibited conduct ............................440 HB 517 --Optometrists; certain treatment; authorization....................................No Action HB 518 --Motor fuel; county excise tax; imposition.............................................No Action
HB 519 --Commission of Inquiry; create ................................................................No Action
HB 520 --Zoning Procedures Law; amend..............................................................No Action
HB 523 --Firearms; prohibit sales of certain toys.................................................No Action
HB 524 --Retail sales; certain stores; requirements for safe
operations..........................................................................................No Action

INDEX

2839

HB 530 --Motor vehicle certificate of title; rebuilt vehicles................................No Action HB 532 --Sales tax exemption; certain materials
used in manufacturing granite .......................................................No Action HB 542 --Health; organ procurement organizations; licensing............................No Action HB 543 --Teachers; life certificates; continuing
education courses .............................................................................No Action HB 544 --Fulton County; board of education; election >.......................................No Action HB 547 --Superior court clerks; minimum salary .................................................No Action HB 550 --Telephone conversation; taping prohibitions........................................No Action HB 551 --Voting; license examiners; deputy registrars ........................................No Action HB 552 --Insurers; rate increase; file profit and loss data...................................No Action HB 555 --Employment Security; part-time or
temporary employees; eligibility ....................................................No Action HB 556 --Workers' compensation; injured employee; job refusal.......................No Action HB 560 --Merit System; certain insurance contracts;
jurisdiction of Personnel Board .....................................................No Action HB 564 --Crop damage by deer; payment of claims.............................................No Action HB 565 --District Attorneys' Retirement; years for
vesting; credit .......................................................................................543, 657 HB 566 --Superior Court Judges Retirement; years for vesting;
credit ..................................................................................................No Action HB 571 --Zoning proposal review; certain counties
and municipalities...........................................................................No Action HB 572 --Zoning Procedures Law; amend..............................................................No Action HB 575 --Sales tax; biomass; exemption ................................................................No Action HB 584 --Administrator for the county; eligibility ...............................................No Action HB 586 --Guardianships; probate judge; custodian of
certain funds .....................................................................................No Action HB 587 --Savannah State College; special license plates.....................................No Action HB 588 --Motor vehicle insurance; maximum coverage; notification of
price....................................................................................................No Action HB 598 --Estates; inventories and returns; filing requirements .............................442, 756 HB 599 --Estates; nonresident executors; bond requirements ............................No Action HB 600 --Professional counselors; licensure; examination
requirements .....................................................................................No Action HB 601 --Crimes and offenses; false or facsimile bombs;
prohibitions.......................................................................................No Action HB 602 --Antiterrorism Task Force; director ........................................................No Action HB 603 --Antiterrorism Information Center; establish ........................................No Action HB 604 --Marriage license; AIDS testing; requirements......................................No Action HB 608 --Certain day-care centers; licensure; exemption.,..................................No Action HB 609 --Georgia Public Safety Training Center; security
police force ........................................................................................No Action HB 612 --Firearms; loss of license; requirements for new permit ......................No Action HB 615 --Court of Appeals; preappeal settlement conference
procedure ..............................................................................161, 210, 713, 758 HB 626 --Elections; unopposed candidates ............................................................No Action HB 631 --Warranties; new motor vehicles..............................................................No Action HB 632 --Motor vehicles; speed limits on highways.............................................No Action HB 633 --English; designate as official language ..................................................No Action HB 634 --Bad checks; amend certain immunity provision ..................................No Action HB 635 --Alcoholic beverages; consumption while driving..............................................671
HB 636 --Contractors; public work; bid bonds ...........................................65, 117, 583, 762
HB 637 --Hunting deer at night from vehicle or boat; prohibitions ..............................855
HB 638 --Teachers and school personnel; certain salary deductions;
employee benefits.............................................................................No Action
HB 639 --Liability insurance rates; regulation ......................................................No Action

2840

INDEX

HB 640 --Crimes; age limit; offender tried as adult.............................................No Action HB 642 --Financial institutions; state and local taxation....................................No Action HB 645 --Abortions; mandatory counseling...........................................................No Action HB 646 --Foreclosure; cooperative sales process...................................................No Action HB 648 --Ad valorem tax exemption; property owned
by authority; certain exceptions ....................................................No Action HB 650 --Campaign contributions; transfer to other candidates;
amend provisions..............................................................................No Action HB 652 --Motor vehicles; speed limits on highways..............................................68, 69, 90 HB 656 --Peace officers; exempt certain retirement income...............................No Action HB 658 --Motor vehicle abandonment; waive certain notice ..........................................856 HB 659 --State patrol officer; witness fees.............................................................No Action HB 660 --Donees of body organs; preference for state residents........................No Action HB 661 --Boards and commissions; expense allowances......................................No Action HB 664 --Motor vehicle; sales tax; applicability ...................................................No Action HB 665 --Nursing homes or intermediate care facilities; penalties
for violations.....................................................................................No Action HB 666 --Off-road recreational vehicles;
safety requirements..........................................................................No Action HB 668 --Administrators and executors; amend provisions..........................................1245 HB 669 --Guardian and ward; posting bond...............................................1168, 1569, 2082 HB 670 --Administrators and executors; posting bond .............................1168, 1567, 2082 HB 671 --Income tax; child care or household expenses;
credit..................................................................................................No Action HB 672 --Income tax; special needs child; exemption..........................................No Action HB 673 --Motor vehicle insurance; revise requirements......................................No Action HB 674 --Motor vehicle; consumption of alcoholic beverages while
driving................................................................................................No Action HB 675 --Driving under the influence; fines; prohibit
installment payments ......................................................................No Action HB 680 --Military; personal I. D. cards; issuance.................................................No Action HB 681 --State Board of Workers' Compensation; open records.......................No Action HB 685 --Dentistry; define practice........................................................................No Action HB 687 --Vocational training; long-term care personnel.....................................No Action HB 688 --Optometry, State Board; term................................................................No Action HB 693 --Civil practice; unaccepted settlement offer;
attorney's fees...................................................................................No Action HB 694 --Abortions and pregnancy counseling; informational
booklets..............................................................................................No Action HB 695 --Tobacco products; regulate sales............................................................No Action HB 696 --Property of electric utilities; state ad valorem tax..............................No Action HB 699 --MARTA; future completion and operation
of additional rail system .................................................................No Action HB 700 --Ad valorem tax; mobile homes; definition............................................No Action HB 701 --Local governments; zoning power...........................................................No Action HB 702 --Alimony or child support; amend provisions........................................No Action HB 703 --Retirement; court officials; new system......................................................89, 169 HB 704 --Teachers Retirement; membership; certain
county employees........................................................1314, 1412, 1967, 1976 HB 705 --Fulton County; board of education; retirement system;
military credit...................................................................................No Action HB 706 --Teachers Retirement; service in certain private colleges;
credit..................................................................................................No Action
HB 708 --Hospitals; certificates of need; requirements........................................No Action
HB 710 --Respiratory therapists; eliminate use of certain
terms and abbreviations..................................................................No Action
HB 713 --Property; certain liens; filing requirements.............................................713, 764,

INDEX

2841

890, 901, 926 HB 714 --Criminal procedure; aggravated child
molestation; bail requirement ........................................................No Action HB 715 --Property; construction; limitation period..............................................No Action HB 717 --Sheriffs' Retirement Fund; increase certain fees.................................No Action HB 718 --Sheriffs' Retirement Fund; membership; requirement...................l61, 274, 751 HB 719 --Sheriffs' Retirement Fund; increase allocation
from certain fines ......................................................................543, 634, 1254 HB 725 --Teachers Retirement; military school service; credit ..........................No Action HB 727 --Georgia War Veterans Cemetery; establish ......................................................567 HB 733 --MARTA; board of directors meet
with local governing bodies..........................................................65, 120, 748 HB 735 --Commissioner of Insurance; appointment by Governor .....................No Action HB 736 --Commissioner of Labor; appointment by Governor ............................No Action HB 737 --Education; school superintendents; appointment................................No Action HB 738 --Commissioner of Agriculture; appointment by Governor...................No Action HB 739 --Public Safety Department; police chaplains.........................................No Action HB 740 --Special sales tax; certain cultural,
recreational and historic facilities .................................................No Action HB 743 --Motor carriers; vehicles for hire; certain
exemption ...........................751, 767, 883, 901, 926, 2320, 2601, 2609, 2640 HB 745 --Torts; civil process; malicious abuse ......................................................No Action HB 748 --Richmond County; malt beverage tax; excess revenue ...................................949 HB 751 --Motor vehicles; seat belt requirement.............................................856, 928, 1223 HB 752 --Firearms; discharging within certain areas; penalty............................No Action HB 753 --Torts; certain chemical products; exceptions .......................................No Action HB 757 --Teachers and school personnel; certain
surviving spouses; health insurance...............................................No Action HB 758 --Alcoholic beverages; excise tax on beer and wine................................No Action HB 767 --Controlled substances; trafficking
or possession; amend provisions ....................................................No Action HB 768 --Crimes; bail jumping offense; redefine..................................................l619, 1666 HB 771 --Hunting; stands by person other than landowner;
prohibitions .......................................................................................No Action HB 772 --Motor vehicles; transportation of animals; requirements...................No Action HB 773 --Municipalities; water and sewer services; responsibility...................................89 HB 775 --Hazardous materials and oil; certain quantities;
report spill...........................................................................................916, 1189 HB 776 --Criminal procedure; bail or recognizance; amend
certain provisions.........................1840, 1910, 2074, 2189, 2215, 2617, 2689 HB 777 --Death penalty; persons under 18; prohibitions ....................................No Action HB 778 --Homestead exemption; elderly; income qualification ............................107, 113,
442, 474, 500 HB 790 --Motor fuel tax; agricultural aircraft; exemption ..................................No Action HB 791 --Victims of crime; Workers' Compensation;
assistance program...........................................................................No Action HB 792 --Highways; speed detection devices; remove certain
prohibition.........................................................................................No Action HB 793 --Driving under the influence; chemical tests; amend
provisions...........................................................................................No Action HB 794 --Education; health improvement program .............................................No Action HB 796 --Driving under the influence; serious injury by
vehicle; penalty .................................................................................No Action
HB 798 --Nonprofit corporations; certain persons; limitations of
liability ...............................................................................................No Action
HB 799 --Business corporations; certain persons; limitations of
liability...............................................................................................No Action

2842

INDEX

HB 808 --Coffee County; board of commissioners; health insurance benefits ................................................................No Action
HB 816 --Optometrists; trade names in conjunction with practice; authorize .................................................................1167, 1371, 1964
HB 817 --Appeals; supersedeas in cases of contempt...........................................No Action HB 818 --Criminal procedure; weapons used in crime; retention.......................No Action HB 821 --Motor vehicles; raised chassis; definition..............................................No Action HB 822 --Employees' Retirement; certain military service credit......................No Action HB 823 --Ad valorem tax; mobile homes................................................................No Action HB 824 --Shoplifting; property value; amend provisions.....................................No Action HB 826 --Animals; fees for impounding.................................................................No Action
HB 830 --Elections; assistance to elector; poll officer shall be present.................................................................................No Action
HB 831 --Food service establishments; health testing of employees......................................................................................No Action
HB 837 --Audio stress examiners; regulation.........................................................No Action HB 841 --State agencies; contested cases in decisions;
8tatements.................................................................................707, 1154, 1751 HB 842 --Superior Court Judges' Retirement;
creditable service; certain benefits ....................................................543, 635 HB 844 --Income tax; exclude long-term care insurance .....................................No Action HB 848 --Jails; prisoners pay certain fees; room and board ...............................No Action HB 849 --Highways; weight and load; enforcement..............................................No Action
HB 859 --Private motor carrier; vehicle transporting forest products..................................................................................No Action
HB 860 --Alimony and support; withholding from wages....................................No Action HB 861 --Crime Victims Compensation Fund; fees on bonds ............................No Action HB 862 --Solid waste disposal sites; permits; restrictions............................621, 998, 1719,
1739, 1788, 1823, 1852, 2229, 2321 HB 865 --Walton County Water and Sewerage Authority; create .....................No Action HB 867 --Motor vehicle certificate of title; three-wheeled
or all-terrain vehicles; exemption ..................................................No Action HB 870 --Juvenile courts; jurisdiction; persons under 18....................................No Action HB 871 --Criminal procedure; family violence; amend provisions .....................No Action HB 876 --Law enforcement officers; injured in line of duty;
compensation ....................................................................................No Action HB 878 --Death penalty; mentally retarded persons......................!314, 1431, 2215, 2280,
2379, 2381, 2394, 2557, 2689 HB 883 --State flag; change design and description.............................................No Action HB 890 --Trusts; payment of funds for real property improvement .................No Action HB 891 --Missing child report; notification...........................................................No Action
HB 896 --Agrirama employees; Employees' Retirement; membership..............................................................................665, 1003, 1838
HB 901 --Teachers Retirement; creditable service; reduce years ......................................................................................No Action
HB 905 --Education; proprietary schools; certificates of authorization...............................................................................................2324
HB 908 --Intangible recording tax; convert to documentary tax ......................2391, 2409, 2491, 2538, 2589
HB 910 --DeKalb and Fulton Counties; zoning procedures; amend ..................No Action
HB 911 --Handicapped parking; signs or markings; designation requirement..................................................................No Action
HB 912 --Commercial fishing violations; bond or penalty..............................201, 446, 915
HB 915 --Criminal procedure; bonds and recognizances; forfeiture...................No Action
HB 918 --Civil Court of Richmond County; chief judge; duties
and powers ........................................................................................No Action
HB 919 --License plates; special tags; Civil Air Patrol........................................No Action

INDEX

2843

HB 920 --Sales tax; exempt certain sales at airports ...........................................No Action HB 921 --Physical Therapy; programs of treatment ............................................No Action HB 922 --Trafficking in marijuana; weight provisions.........................................No Action HB 923 --Agriculture; labeling of seeds; year of production ...............................No Action HB 924 --Limited partnerships; amend provisions....................!61, 211, 1146, 2259, 2401 HB 934 --Hospital authorities; definition of project;
include every type insurance ..........................................................No Action HB 936 --Revenue bonds; "undertaking"; amend definition...............................No Action HB 937 --Jekyll Island-State Park Authority; add member ...............................No Action HB 942 --Airports; counties and municipalities register
as operators.......................................................................................No Action HB 948 --Ad valorem tax; agricultural property; conveyance.............................No Action HB 950 --Burial places; markers or monuments; requirements..........................No Action HB 951 --School year; opening and closing day ....................................................No Action HB 952 --Wills or estates; validity of common law marriage..............................No Action HB 959 --Interior designers; licensing.....................................................................No Action HB 960 --Sales tax; exempt certain sales at airports ...........................................No Action HB 964 --Child custody; visitation rights; residency
requirements .....................................................................................No Action HB 965 --Comprehensive treatment of alcoholism; effective date .....................No Action HB 967 --Motor carriers; Public Service Commission enforcement
personnel; citations ..........................................................................No Action HB 968 --Controlled substances or dangerous drugs; amend list.......................No Action HB 979 --Mortgage brokers; licensing.....................................................................^o Action HB 980 --Mortgages; insurance premiums and taxes; timely payment.............No Action HB 981 --Education; transportation costs; distance requirements.....................No Action HB 982 --Public school employees' health insurance;
payment by local school system.....................................................No Action HB 983 --Motor vehicle insurance; certain persons; exemption .........................No Action HB 990 --The Pension Board of DeKalb County; change membership ............No Action HB 993 --Employees' Retirement; superior court judges and district
attorneys' secretaries; creditable service.......................................No Action HB 995 --Gwinnett County; board of registrations
and elections; provide........................................................................499, 2296 HB 998 --Controlled substances; duplicate prescription......................................No Action HB 999 --Income tax; contribution of property to
certain youth organizations; credit................................................No Action HB 1001 --Budget Act; define appropriation...............................................1602, 1622, 2084,
2110, 2214, 2232 HB 1003 --Board of Postsecondary Vocational Education;
nursing home assistants program ..................................................No Action HB 1008 --Hunting; either-sex or antlerless deer; bag limit .................................No Action HB 1009 --Emergency medical services systems; support from certain
funds...................................................................................................No Action HB 1011 --School buses; recreational activities; authorization.............................No Action HB 1020 --Intangible tax; level of liability; filing return.......................................No Action HB 1021 --State juvenile court judges; retirement benefits..................................No Action HB 1022 --Superior Court Judges' Retirement; creditable service.......................No Action HB 1023 --Driver's license; suspension or revocation;
failure to pay fine.............................................................................No Action HB 1024 --County boards of education; members' per diem ................................No Action HB 1025 --Public School Employees' Retirement; 40 years
service..........................................................................................543, 653, 1964
HB 1026 --Community development block grant fund; appropriations ..............No Action
HB 1029 --Animal Protection Act; certain shelters; euthanasia...........................No Action
HB 1030 --Motor vehicle insurance; certificates of
self-insurance...........................,..............................................1384, 1598, 2396

2844

INDEX

HB 1031 --Insurance; nonrenewal of certain types of policies; filing requirements...........................................................................No Action
HB 1032 --DeKalb County; board of education; compensation; repeal Act ..........................................................................................No Action
HB 1035 --George L. Smith II Georgia World Congress Center Authority; trade show facilities..........................................!801, 1895, 1999, 2229, 2330
HB 1036 --Community Affairs; grants to counties and municipalities....................................................................................No Action
HB 1037 --Richmond County; governing authority; revise laws...........................No Action HB 1041 --Sales tax certificate; businesses; seller acting
unlawfully..........................................................................................No Action HB 1042 --DeKalb County; board of commissioners; delete
certain provisions .............................................................................No Action HB 1044 --Teachers Retirement; certain municipality;
employee contributions...................................................................No Action HB 1046 --Environmental Facilities Authority; Employees'
Retirement..................................................................................543, 657, 1404 HB 1047 --Sexual offenses; AIDS testing; requirement .........................................No Action HB 1048 --Augusta, City of; amend charter.............................................................No Action HB 1052 --Property; title by prescription; adverse possession .............................No Action HB 1053 --Administrative Procedure; Workers' Compensation rules..................No Action HB 1056 --Workers' compensation; retaliatory dismissal ......................................No Action HB 1057 --Criminal trespass; definition ...................................................................No Action HB 1070 --Chatham County; tax commissioner; costs of operation.....................No Action HB 1071 --Retirement; certain personnel of Education
Department.................................................................................l61, 522, 1404 HB 1072 --Catoosa County; sewage districts; extend - CA....................................No Action HB 1073 --Catoosa County Development Authority; create;
extend - CA.......................................................................................No Action HB 1074 --Tax execution and sales; advertisement; requirement ........................No Action HB 1075 --Chatham County; board of commissioners; meetings .........................No Action HB 1079 --Special license plates; Paine College......................................................No Action HB 1089 --Fulton County; merit system; disciplinary actions ...................1031, 1032, 1749 HB 1102 --Gwinnett County; board of elections; repeal Act creating ...................713, 2299 HB 1104 --Talbot County; board of commissioners;
compensation ....................................................................................No Action HB 1114 --Motor vehicle certificate of title; mobile homes;
requirements.....................................................................................No Action HB 1115 --Eminent domain; coal pipeline companies; authorization..................No Action HB 1116 --Fire safety inspection warrants; requirements .....................................No Action HB 1117 --Georgia Nonprofit Housing Corporation; create ..................................No Action HB 1121 --Clayton County; community improvement districts ...........................No Action HB 1123 --Torts; persons who furnish alcoholic beverages
to minors...................................................................................902, 1007, 1964 HB 1130 --Taxation; interest on refunds............................................................................!247 HB 1131 --Retail sales; revolving accounts; interest paid to buyer......................No Action HB 1133 --Alcohol and Drug Safety Course; license requirement .......................No Action HB 1134 --Federal-State Shipping Point Inspection Service;
Employees' Retirement ...................................................................No Action HB 1136 --Special county sales tax; cultural, recreational
or historic facilities ..........................................................................No Action HB 1138 --Savannah, City of; mayor's term ............................................................No Action
HB 1139 --Fishing; taking non-game fish with bow and arrow........................201, 445, 915
HB 1144 --Water well contractors; licensing............................................................No Action
HB 1148 --Boats; certificates of number for vessels; issuance..............................No Action
HB 1149 --Natural Resources Department; wildlife technicians;
reclassify ............................................................................................No Action

INDEX

2845

HB 1150 --Animal Protection Act; amend provisions............................................No Action HB 1151 --Executory trust; amend provisions..................................................260, 511, 1838 HB 1152 --Quality Basic Education; fair share funds ............................................No Action HB 1153 --Newton County; homestead exemptions...............................................50, 50, 305 HB 1154 --Marriage license; additional fee..............................................................No Action HB 1155 --District Attorneys Emeritus; certain salary changes...........................No Action HB 1156 --West Georgia Regional Water Authority; create.......................!386, 1391, 1749 HB 1157 --Charlton County; board of education; election....................................50, 50, 271 HB 1158 --Hospitals and birthing centers; midwifery; prohibitions ....................No Action HB 1159 --Riceboro, City of; territorial boundaries...............................................No Action HB 1160 --Insurance; premium taxes; date of collection .................................671, 787, 880,
1011, 1752, 1913, 2089 HB 1161 --Civil and criminal cases; continuances; certain registered
agents.................................................................................................No Action HB 1162 --Trust companies; fiduciary funds; awaiting investment
or distribution ........................................................................1383, 1535, 2225 HB 1163 --Guardians or trustees; commissions..................................................300, 529, 985 HB 1164 --Hall County; board of education; election..........................................................43 HB 1165 --Hall County; board of commissioners; members; election................................43 HB 1166 --Driver's license; minimum age after certain convictions..................................43 HB 1167 --Uninsured motor vehicle; seizure after certain convictions..............................43 HB 1168 --Zoning procedures; injunctive relief.....................................................................43 HB 1169 --Optometrists; prescribing pharmaceutical agents.....................................43, 300,
425, 1021, 1046 HB 1170 --Income tax; exclude Social Security benefits.....................................................43 HB 1171 --Sales tax; exempt certain business periodicals...................................................43 HB 1172 --Code of ethics; officers and employees;
certain municipalities ....................................................................................43 HB 1173 --Municipal courts; certain municipalities; jurisdiction...............................43, 707 HB 1174 --Alimony and child support; dependent child; definition..................................43 HB 1175 --Workers' compensation; injured while under influence of
drugs.................................................................................................................43 HB 1176 --Trade practices; laundries; itemized list..............................................................43 HB 1177 --Child custody; removal of child from state; requirements...............................43 HB 1178 --Criminal trespass; spouse's intentional damage to property............................43 HB 1179 --Contracts; counties and municipalities; certain liability...................................43 HB 1180 --Income tax; retirement income exemption; repeal ............................................43 HB 1181 --Alcoholic beverage sales; persons under 21 years;
prohibitions.....................................................................................................43 HB 1182 --Teachers Retirement; service in private schools; credit....................................43 HB 1183 --Supplemental appropriations; FY 1987-88 ..............................36, 49, 49, 71, 184 HB 1184 --Fairburn, City of; corporate limits......................................36, 49, 568, 569, 1749 HB 1185 --Zoning procedures; local government; definition .........................................36, 49 HB 1186 --Barrow County; board of education;
compensation...................................................................37, 49, 106, 107, 305 HB 1187 --Georgia Police Academy; amend provisions.................................................37, 49 HB 1188 --Forsyth County; Civil Service System;
establish................................................................................37, 49, 64, 65, 305 HB 1189 --Family and Children Services; county boards;
nominations....................................................................37, 49, 259, 527, 2397 HB 1190 --Emergency medical technicians; change definition.....................................37, 49 HB 1191 --Lawrenceville, City of; new charter...................................................37, 49, 64, 65
HB 1192 --Counties; recreational set-aside property;
certain transfer................................................................37, 49, 162, 208, 711
HB 1193 --Metropolitan Area Planning and Development
Commission; membership..............................................38, 49, 162, 237, 711
HB 1194 --MARTA; use of revenues for construction..............................38, 49, 65, 97, 271

2846

INDEX

HB 1195 --Lieutenant Governor and Speaker; salary.............................................38, 49, 64, 95, 583, 893, 958
HB 1196 --General Assembly; service on certain boards, committees or commissions; compensation..................................38, 49, 64, 96, 583, 891
HB 1197 --Prisoners; care for persons with AIDS virus ................................................38, 49 HB 1198 --Prisoners; testing for AIDS virus ...................................................................38, 49 HB 1199 --Pardon or parole; AIDS test before granting...............................................39, 49 HB 1200 --Municipalities; contract with county;
tax collection .......................................................39, 49, 569, 641, 1719, 1759 HB 1201 --Peace officers; annual training ..............................................39, 49, 260, 507, 957 HB 1202 --Peace Officer and Prosecutor Training Fund;
magistrate court fines.....................................................39, 49, 260, 507, 985 HB 1203 --Controlled substances; imitations; unlawful
distribution..........................................................................39, 49, 64, 96, 915 HB 1204 --Employment; exercise of certain rights;
prohibit dismissal....................................................................39, 49, 260, 792
HB 1205 --Sumter County; motor vehicles; designated registration periods.............................................................40, 49, 64, 65, 271
HB 1206 --Savannah, City of; ad valorem tax; homestead exemption ................................................40, 49, 64, 66, 441, 589
HB 1207 --Savannah, City of; ad valorem tax; homestead exemption .................................................................40, 49, 64, 66
HB 1208 --Savannah, City of; ad valorem tax; homestead exemption .................................................................40, 49, 64, 67
HB 1209 --Georgia Veterinary Practice Act; amend .............................40, 49, 201, 506, 986 HB 1210 --Wine and malt beverages; churches; distance requirements......................40, 49 HB 1211 --Appling County; board of education; election.........................40, 49, 89, 90, 305 HB 1212 --Peace Officers' and Firemen's Pension Funds;
health insurance plan .....................................................41, 49, 260, 306, 711 HB 1213 --Peace officers; retirement; medical
examinations..............................................................41, 49, 1168, 1200, 2082 HB 1214 --Cosmetology schools; teaching requirements...............................41, 49, 300, 550 HB 1215 --Barbers; teaching requirements .....................................................41, 49, 300, 523 HB 1216 --Day-care centers; employee record
checks ...................................................................41, 49, 259, 512, 1967, 1983 HB 1217 --Personal Attendant Care Program for Disabled
Adults Act; enact ..........................................................41, 49, 300, 589, 1517 HB 1218 --Fulton County; bond elections; prohibit
certain date....................................................................42, 49, 707, 777, 1404 HB 1219 --Special license plates; Oglethorpe University ..............................................42, 49 HB 1220 --Richmond County-City of Augusta; board of
commissioners; powers...................................42, 49, 2117, 2117, 2428, 2466 HB 1221 --Sexual offenses; pandering; solicitation
of a minor ............................................................46, 63, 203, 503, 1145, 1165 HB 1222 --Municipalities; counties assume corporate
powers; charter ....................................................................46, 63, 1386, 1701 HB 1223 --Legislative Counsel; compilation of General
Assembly Acts ...................................................................46, 63, 89, 121, 582 HB 1224 --Vital records; title searches by attorneys; cost ............................................46, 63 HB 1225 --Ad valorem tax; exempt certain church-owned vehicles ............................46, 64 HB 1226 --Sexual exploitation of children; penalties..............................47, 64, 89, 122, 712 HB 1227 --Grand juries; service of summons ..................................................................47, 64
HB 1228 --University System; employees' salaries;
charity deductions ..............................................47, 64, 569, 641, 2403, 2553
HB 1229 --Code of Georgia; corrections and revisions ...........................................47, 64, 89,
122, 673, 766
HB 1230 --Superior courts; senior judge; compensation for service ............................47, 64

INDEX

2847

HB 1231 --Civil practice; courts decline jurisdiction; certain actions..........................................................................47, 64, 437, 595
HB 1232 --Tax executions; publish time of sale .............................................................48, 64 HB 1233 --Credit repair services organizations; regulation...........................................48, 64 HB 1234 --Public Service Commission; tariff on certain telecommunication
service; regulate ......................................48, 64, 691, 1330, 1555, 1658, 1699 HB 1235 --Appeals; state courts; certain decisions..............................48, 64, 621, 720, 2397 HB 1236 --Dallas, City of; new charter .......................................................48, 64, 89, 90, 580 HB 1237 --Master therapeutic recreation specialist;
licensing..........................................................................56, 88, 162, 239, 1405 HB 1238 --Counties and municipalities; certain property
for airports; leasing.......................................................56, 88, 568, 630, 1326 HB 1239 --Medical assistance; hearings;
certain recommendations...............................................56, 88, 300, 593, 916 HB 1240 --Teachers; unused sick leave.............................................56, 88, 1124, 1691, 2397 HB 1241 --Peace Officer Standards and Training Council;
executive director ..................................................57, 88, 162, 512, 712, 767, 895, 1196, 1269, 1842, 2363
HB 1242 --Coweta County; board of commissioners; filling vacancies...........................................................................57, 88, 106, 107, 305
HB 1243 --Chiropractors; utilization of nutrition .........................................57, 88, 620, 723, 2141, 2190, 2491, 2539
HB 1244 --Fishing; reciprocal licenses; blind persons...........................57, 88, 201, 413, 916 HB 1245 --Civil practice; limitation of actions;
time provisions .........................................................................................57, 88 HB 1246 --Quality Basic Education; funds for guidance
counselors........................................................................................57, 88, 1383 HB 1247 --Investments; loans guaranteed by United States
Student Aid Funds.......................................................58, 88, 621, 690, 1042 HB 1248 --Coroners; authorization for inquests..............................................................58, 88 HB 1249 --Housing Authority; issue subpoena; failure
to comply..................................................................................58, 88, 106, 179 HB 1250 --Estates; interest in property;
amend provisions............................................58, 88, 1245, 1597, 2231, 2345 HB 1251 --Estates; commissions paid to administrators
or executore....................................................................58, 88, 106, 180, 1718 HB 1252 --Public administration; falsifies, conceals or covers up
material facts; penalty.............................................................................58, 88 HB 1253 --Public housing; false statements; penalty.....................................................59, 88 HB 1254 --Crimes; certain firearms; contraband ............................................................59, 88 HB 1255 --Firearms; possession while under the influence;
prohibitions.......................................................................................59, 88, 622 HB 1256 --Aggravated battery; intentionally causing
physical harm to another........................................................................59, 88 HB 1257 --Misdemeanors; increase maximum fine ................................................59, 88, 544 HB 1258 --Driver's license; suspension; signed statement.............................................59, 88 HB 1259 --Insurance premiums; counties; reduction
of ad valorem tax.....................................................................................60, 88 HB 1260 --Rural Development; create office in Department
of Community Affairs ....................................................60, 89, 162, 446, 712 HB 1261 --Municipalitiesj'chiefs of police
serve as jailers .............................................................60, 89, 903, 1018, 1838
HB 1262 --College or university outside of state;
special license plates................................................................................60, 89
HB 1263 --Traffic offenses; certain accidents;
penalty for leaving scene...................................60, 89, 568, 655, 2117, 2238
HB 1264 --Municipalities; certain solicitations on highways........................................60, 89

2848

INDEX

HB 1265 --Agricultural commodities; assessment; out-of-state products ...............................................................................61, 89
HB 1266 --Tobacco; pesticide residues; detention or condemnation .............................................................61, 89, 542, 638, 958
HB 1267 --Supplemental Appropriations; FY 1987-1988..............................49, 64, 259, 307, 793, 795, 883, 886, 895, 1051, 1146
HB 1268 --Motor vehicle or property insurance; mailing refusal notices; prohibitions.............................61, 89, 260, 508, 2084, 2111, 2230, 2254, 2329, 2564, 2689
HB 1269 --Equalized adjusted school property tax digest; establish........................................................................................61, 89
HB 1270 --Personal property appraisers; supplemental funds .....................................61, 89
HB 1271 --Local boards of education; applicability of state rules .............................................................................................61, 89
HB 1272 --Corporations; revise code ...........................................62, 89, 202, 420, 1146, 1555 HB 1273 --Dangerous Dog Control Act; enact.......................................................62, 89, 201,
455, 542, 609, 2393, 2412
HB 1274 --Cruelty to children; females convicted of certain offenses.........................................................................................62, 89
HB 1275 --White County; board of commissioners; recreate.............................................................................62, 89, 106, 107, 271
HB 1276 --Local boards of education; vary length of school years................................................62, 89, 259, 410, 917, 940, 959
HB 1277 --General Appropriations; FY 1988-89 .......................................62, 89, 1313, 1443, 2014, 2017, 2074, 2092, 2101, 2494, 2548
HB 1278 --Boards of equalization; selection of membership...............................................................62, 89, 671, 940, 2397
HB 1279 --County tax digests; review and equalization..........................................................63, 89, 261, 448, 1182, 1195
HB 1280 --Tax executions; prohibit payment certain officials..................................................63, 89, 671, 1008, 2393, 2418
HB 1281 --AIDS; police powers...................................................63, 89, 201, 276, 2348, 2350, 2380, 2382, 2394, 2621, 2690
HB 1282 --Motor carriers; annual licenses; change provisions............................................80, 105, 112, 1029, 1361, 1838
HB 1283 --Pesticide contractors; evidence of financial responsibility..........................................................................80, 105
HB 1284 --Automated telephone dialing; certain numbers; prohibition......................................80, 105, 793, 1153, 2380, 2421
HB 1285 --Local governments; public safety employees; mutual aid in emergencies .................................80, 105, 162, 233, 712, 769, 923, 1019, 1051, 1620, 1775
HB 1286 --Millen, City of; new charter.................................................80, 105, 162, 162, 624 HB 1287 --Driver's license; deposit in lieu
of bail; receipt.........................................................................................80, 105 HB 1288 --Highways; left-turn only lanes; restrictions................................................81, 105 HB 1289 --Juries; certain felony trials; peremptory challenges..................................81, 105
HB 1290 --Family violence; magistrate court; temporary protection orders.................................................................81, 105
HB 1291 --Family violence; magistrate court; temporary emergency relief..................................................................81, 105
HB 1292 --Evidence; subpoenas; enforcement
by attachment for contempt .......................81, 105, 1030, 1672, 2403, 2423
HB 1293 --Mineral rights; tax records; requirements...................................................81, 105
HB 1294 --Child custody; visitation rights;
address requirement...................................................82, 105, 746, 941, 1405
HB 1295 --Juries; unauthorized absence; penalty.........................................................82, 105

INDEX

2849

HB 1296 --Juries; certain felony cases; number impaneled.........................................82, 105 HB 1297 --Administrative Services, Department of;
services to local government .....................................82, 105, 568, 897, 1617 HB 1298 --Superior court clerks; office hours; certain counties................................82, 105,
162, 517, 916, 1196, 1269, 1443, 1523, 1816, 1969 HB 1299 --Motor vehicles; ad valorem tax assessment; dealers .................................82, 105 HB 1300 --Dublin, City of; change charter provisions;
public utilities................................................................83, 106, 162, 163, 546 HB 1301 --Civil practice; inspection of documents;
exemption.....................................................................83, 106, 621, 689, 1326 HB 1302 --Professional corporations; shareholder
requirements......................................................83, 106, 161, 236, 1720, 1760 HB 1303 --Development Authorities Law; office building
owned by charitable corporations ............................83, 106, 161, 515, 1617 HB 1304 --Used car dealers; license requirements ..............................83, 106, 202, 473, 712 HB 1305 --License plates; revocation; seizure by
law enforcement officers....................................83, 106, 112, 437, 559, 1326 HB 1306 --Family day-care centers; space
requirements........................................................84, 106, 112, 620, 842, 1617 HB 1307 --License plates; payment of portion
of fee; date ...................................................................84, 106, 202, 411, 1042 HB 1308 --License plates; retired members of
National Guard .................................................84, 106, 202, 414, 2348, 2410 HB 1309 --Environmental Facilities Authority; minority
business participation............................................................................84, 106 HB 1310 --Financial institutions; small minority
business development.............................................84, 106, 1383, 1524, 2225 HB 1311 --Dogs; liability of owners; death or injury
to llamas or alpacas ..........................................................84, 106, 1168, 1560 HB 1312 --Motor vehicle insurance; rate change due to age;
prohibitions.....................................................................................85, 106, 902 HB 1313 --County school boards; place of meetings..........................................85, 106, 1124 HB 1314 --Sales tax; heating fuel for swine structure; exemption.............................85, 106 HB 1315 --Tuition equalization grants; restrictions...........................................85, 106, 1565 HB 1316 --Coroners; certain training expenses.............................................................85, 106 HB 1317 --Coroners; certain deaths; embalming authorized.......................................86, 106 HB 1318 --Post-mortem examination; blood analysis
requirement............................................................................86, 106, 620, 786 HB 1319 --Mechanics' and materialmen's liens; exempt
non-licensed air conditioning contractor............................................86, 106 HB 1320 --Wholesaler; prohibit equipment sales
to certain air conditioning contractor.................................................86, 106 HB 1321 --Teachers Retirement; include staff of
regional educational service agency .........................86, 106, 543, 659, 1254 HB 1322 --Alcoholic beverage sales; age
verification.....................................................87, 106, 1030, 1203, 2084, 2241 HB 1323 --Chatham-Savannah Youth Futures Authority;
create ......................................................................87, 106, 162, 163, 752, 772 HB 1324 --Professional fundraisers; amend regulations.....................................87, 106, 201,
455, 1406, 1536
HB 1325 --Superior courts; sessions held outside county site..................................................................lOO, 160, 161, 241, 1042
HB 1326 --Elections; political parties; distribution
of qualifying fees.......................................................lOO, 160, 487, 600, 1327
HB 1327 --Property; grant easements for
private ways; restrictions ...................................................100, 160, 300, 601
HB 1328 --Leased vehicles; registration............................................100, 160, 202, 416, 1042

2850

INDEX

HB 1329 --Legal advertisements; printed in certain type...................................................................................lOO, 160, 544
HB 1330 --Criminal procedure; prosecution barred after certain indictment.....................................................101, 160, 260, 513
HB 1331 --County officers; salaries; cost-of-living adjustments ...............................101, 160 HB 1332 --Special license plates; Clark College..........................................................l01, 160 HB 1333 --Atlanta, City of; traffic court; amend
provisions ...............................................................101, 160, 1030, 1235, 2397 HB 1334 --Driver's license; correct invalid
information; authorization.........................................!01, 160, 202, 418, 712 HB 1335 --Torts; certain sponsors; safety and
sports program ..........................................................101, 160, 300, 525, 1254 HB 1336 --Water Well Standards Advisory Council;
legal services ..........................................................102, 160, 1385, 1599, 2225 HB 1337 --Driver's license; driving while license
revoked; felony..........................................................102, 160, 202, 420, 1042 HB 1338 --Real estate transfer tax; housing surcharge..............................................!02, 160 HB 1339 --State Housing Trust Fund; create................................102, 160, 909, 1226, 1751 HB 1340 --School year; decrease number of days,......................................................102, 160 HB 1341 --Long County; board of commissioners; recreate............,........................102, 160,
260, 261, 580 HB 1342 --Salaries of state officials; amend provisions .................................102, 160, 1313,
1424, 1795, 1814 HB 1343 --Public records; inspection ...........................................................................103, 160 HB 1344 --Open meetings; amend provisions..............................................................103, 160 HB 1345 --Banks; boards of directors; meeting schedule.........................................103, 160,
161, 206, 916 HB 1346 --Sexual offenses; certain offenders; registration
with sheriff............................................................................................103, 160 HB 1347 --Stone Mountain Memorial Association; sales of
alcoholic beverages ...........................................97, 106, 437, 629, 2142, 2242 HB 1348 --Renal disease; limit use of kidney dialyzers ...........................103, 160, 300, 507,
2116, 2196, 2214, 2242, 2379, 2569, 2690 HB 1349 --Certain state examining boards; termination date.........................!03, 160, 300,
516, 2394, 2407, 2691 HB 1350 --Coroners; investigations; fees................................!04, 160, 203, 445, 1840, 1917,
1970, 1989, 2071, 2332, 2690 HB 1351 --Joint Municipal Employees Benefit System; investment
provisions...................................................................104, 160, 543, 632, 1182 HB 1352 --Accountancy, Board of; administration of laws .....................104, 160, 164, 201,
528, 1406, 2556, 2691 HB 1353 --Schools; security personnel; authorization to
carry firearms .............................................................................104, 160, 1603 HB 1354 --Aggravated child molestation; definition of offense................................!04, 161 HB 1355 --Child abuse; reporting by certain persons ...............................................104, 161,
902, 942, 1964 HB 1356 --Sexual exploitation of children; penalties......................,..........................105, 161 HB 1357 --Counties; civil service system; applicability
of certain laws ...........................................................155, 200, 544, 607, 2397 HB 1358 --Quality Basic Education; library funding.................................................155, 200 HB 1359 --Barrow County; commissioner districts .........................155, 200, 488, 488, 1252 HB 1360 --State construction codes; establish............................................................155, 200
HB 1361 --Child labor; employment during vacation;
regulations..............................................................!55, 200, 1029, 1377, 2082
HB 1362 --Post-mortem examination; definition of
medical examiner......................................................156, 200, 620, 881, 2226
HB 1363 --Child placement agencies; special needs

INDEX

2851

children; payments................................................l56, 200, 1175, 1373, 2397 HB 1364 --Amusement Ride Safety Act; amend
liability insurance.........................................156, 200, 895, 1029, 1161, 2225 HB 1365 --Public property; General Assembly approval
of certain sales....................................................................156, 200, 568, 662, 1619, 1721, 1741, 1795, 2608, 2690
HB 1366 --Commerce and Trade; commodity contracts; regulation.................................................113, 161, 567, 679, 2226
HB 1367 --Medical malpractice; notice of investigation............................................113, 161 HB 1368 --Fire extinguishers and systems; regulation...............................................156, 200 HB 1369 --Schools; age of enrollment........................................................l56, 200, 855, 1020 HB 1370 --Certain promotional contests; deceptive
practices...............................................!57, 200, 793, 1005, 2085, 2284, 2402 HB 1371 --Commission of Children and Youth;
create................................................................113, 161, 300, 594, 1327, 1919 HB 1372 --Fulton County; board of commissioners;
certain disclosure.................................................................................157, 200 HB 1373 --Athlete agents; regulations..................................................................l57, 200, 544 HB 1374 --Annexation; contiguous area; definition....................................................157, 200 HB 1375 --Annexation; certain notice; requirement ........................................157, 200, 1602 HB 1376 --Sales tax exemption; public water or sewer
system; certain services.......................................................................157, 200 HB 1377 --Occupational therapists; licensing;
continuation...............................................................158, 200, 300, 516, 1617 HB 1378 --Oconee County; board of commissioners;
amend provisions................................................l58, 200, 260, 270, 714, 754 HB 1379 --Oconee County; board of commissioners;
compensation...............................................................!58, 200, 260, 270, 748 HB 1380 --Cruelty to children; pregnant females;
certain violations..................................................................................158, 200 HB 1381 --Electrical, plumbing and conditioned air contractors;
licensing requirements......................................................................... 189, 258 HB 1382 --Motor vehicle registration application; annual
performance bonds; requirement............................l90, 258, 568, 888, 1327 HB 1383 --Cherokee County; elderly; homestead exemption....................................!90, 258 HB 1384 --Kidnapping; interference with custody.....................................................190, 258 HB 1385 --Abandoned motor vehicles; unattended
vehicle checks........................................................190, 258, 1168, 1205, 1965 HB 1386 --Estates; decedents in nursing homes;
jurisdiction............................................................................l90, 258, 621, 845 HB 1387 --Hospitals; cost of care of indigent; reimbursement.................................190, 258 HB 1388 --Controlled substances; amend Iist.........................................l91, 258, 1314, 1416 HB 1389 --Adoption; certain relatives; grandparents'
visitation rights ............................................................................191, 258, 622 HB 1390 --Teachers and public school employees; flexible
benefit plan.................................................................................!91, 258, 1384 HB 1391 --Magistrate courts; unpaid judgments;
certain fees.................................................................!91, 258, 437, 592, 1838 HB 1392 --Bad checks; form of notice; issuance..............................!91, 258, 544, 654, 2398 HB 1393 --Murder by vehicle; penalty...............................................................191, 258, 1168 HB 1394 --Firearms; purchases, trades or exchanges;
dealers to report........................................................l92, 258, 903, 964, 1965
HB 1395 --State Properties Commission; certain exemption.................!92, 258, 949, 1149
HB 1396 --New trial; extension of time for filing
transcript ..............................................................................192, 258, 437, 591
HB 1397 --Libraries; board of trustees;
membership...........................................................................................l92, 258

2852

INDEX

HB 1398 --Crimes; sale of body parts; fetus......................................................!92, 258, 1385 HB 1399 --Family violence; verified petition;
filing............................................................................l92, 258, 544, 650, 1517 HB 1400 --Domestic violence; certain actions;
penalty ........................................................................193, 258, 544, 651, 1718 HB 1401 --Soil and Water Conservation Commission; certain
contracts; grants........................................................l59, 200, 543, 605, 1042 HB 1402 --State Soil and Water Conservation Commission;
name change..............................................................159, 200, 543, 606, 1043 HB 1403 --Post-secondary vocational education;
redesignation ...............................................193, 258, 1124, 1344, 2380, 2428 HB 1404 --Handicapped children; special educational
services; certain funds................................l93, 258, 1245, 1365, 2393, 2469 HB 1405 --Fair Business Practices; actions
by administrator...............................................193, 258, 275, 543, 655, 2226 HB 1406 --Family violence; protective orders;
enforcement ...............................................................193, 258, 622, 785, 1838 HB 1407 --Family violence; definitions;
arrest provisions ........................................................193, 258, 622, 890, 1751 HB 1408 --Torts; certain drugs; limitations on
punitive damages .................................................................................194, 258 HB 1409 --Clayton County; licensing of
vehicles.................................................................159, 200, 260, 270, 500, 518 HB 1410 --Clayton County; homestead exemption ...........................159, 200, 260, 271, 500 HB 1411 --Radiation control; licensing of users;
amend provisions............................................194, 258, 670, 845, 1840, 1923 HB 1412 --Driving under the influence; implied consent;
certain fatal accidents .........................................................................194, 258 HB 1413 --Nonprofit contractors doing business
with state; reports...........................................!94, 258, 707, 884, 2254, 2339 HB 1414 --State Commission on Compensation;
salary of members...,.................................................194, 258, 707, 920, 1718 HB 1415 --Public Revenue Code; reference date;
Federal tax code .........................................194, 258, 1125, 1233, 2253, 2340 HB 1416 --Interest and usury; rate on
certain Ioans...............................................................l95, 258, 948, 988, 1719 HB 1417 --Income tax; change provisions.........................................!95, 258, 671, 736, 1405 HB 1418 --Income tax; estimated payments;
fiduciaries............................................,......................195, 258, 671, 737, 1405 HB 1419 --Income tax; wages subject
to withholding ...........................................................195, 258, 671, 737, 1617 HB 1420 --Local governments; audit or budget; file reports
with Community Affairs ...................195, 258, 975, 1009, 1519, 1533, 1721 HB 1421 --Columbus, City of; board of tax assessors;
amend provisions................................................!95, 258, 301, 301, 876, 900 HB 1422 --County boards of education; meeting
places; requirement ......................................159, 200, 855, 1374, 2216, 2244 HB 1423 --State School Superintendent; reference
change; Commissioner of Education.........................................160, 200, 567 HB 1424 --State School Superintendent; change title to Commissioner
of Education; appointment.......,.........................................................160, 200 HB 1425 --Indictments of public officials;
municipal officers......................................................!60, 200, 260, 534, 1405
HB 1426 --Civil practice; executions; designation
of property ............................................................................................160, 200
HB 1427 --Coweta Judicial Circuit; terms
for Carroll County ....................................................195, 258, 260, 514, 1618

INDEX

2853

HB 1428 --Special license plates; honorably discharged veterans .............................................................................196, 258
HB 1429 --Sex Crime conviction; furnish records to GBI...........................................................196, 258, 543, 846, 1618
HB 1430 --Special license plates; Pearl Harbor veterans....................................................................................!96, 258
HB 1431 --Crimes; certain damage to property; felony................................................................196, 258, 543, 738, 2117, 2249
HB 1432 --Income tax; corporations; allocation of income...............................................................................................196, 258
HB 1433 --Special license plates; veterans awarded Purple Heart citation..........................................................196, 258
HB 1434 --Grandparents; visitation rights......................................!97, 258, 622, 1340, 1965 HB 1435 --Estates; investments by executors........................197, 258, 543, 601, 1406, 1440 HB 1436 --Firefighter; official duties; prohibit
obstruction.................................................................197, 258, 622, 795, 1327 HB 1437 --Workers' Compensation; corporate officers
file certifications........................................................!97, 258, 567, 642, 1518 HB 1438 --Appeals; Board of Workers' Compensation;
certain decisions...............................197, 258, 1565, 1694, 2403, 2467, 2692 HB 1439 --Insurance; payment of claim within
certain period........................................................................................!97, 258 HB 1440 --Hunting; antlerless or either-sex
deer; certain counties...........................!98, 258, 567, 695, 1519, 1824, 1860 HB 1441 --Hunting; increase bag limit for deer to five ...........................198, 259, 567, 695,
1044, 1187, 1270, 1824, 1860, 2064, 2088 HB 1442 --Municipalities; business improvement
districts.......................................................................l98, 259, 544, 630, 1182 HB 1443 --School buses; speed limit; transportation
to certain events..........................................................198, 259, 437, 533, 986 HB 1444 --Corporations; filing fee; superior court
clerks; information network..........................198, 259, 260, 535, 1145, 2250 HB 1445 --Minors; employment during school hours.................................................198, 259 HB 1446 --Fishing; sport trotlines; certain areas.............................199, 259, 567, 661, 1839 HB 1447 --Peace officers; certain deaths; conduct of investigation.........................248, 299 HB 1448 --Felony; crime of escape................................................................................248, 299 HB 1449 --Motor Vehicle Sales Finance; sublease
prohibitions.............................................248, 299, 503, 856, 971, 1518, 1557 HB 1450 --Family violence shelters;
licensing......................................................................248, 299, 544, 722, 1839 HB 1451 --Real estate; education, research and recovery
fund; minimum amount.................................249, 299, 543, 660, 2085, 2263 HB 1452 --Sexual offenses; repeal section
relating to fornication .........................................................................249, 299 HB 1453 --Sexual offenses; repeal section
relating to adultery..............................................................................249, 299 HB 1454 --Accountancy, State Board; termination
date .............................................................................249, 299, 487, 604, 1043 HB 1455 --Intangible tax; exempt stock in
certain financial institutions...................................249, 299, 909, 965, 1751 HB 1456 --Medical or dental license; appeal
of contested case...............................................249, 299, 606, 670, 942, 2083
HB 1457 --Richmond County; prohibit private practice
by state court solicitor ........................................................................249, 299
HB 1458 --Mechanics' and materialmen's liens;
certain public property .......................................................................250, 299
HB 1459 --Tifton Judicial Circuit; superior

2854

INDEX

court judges compensation ......................................250, 299, 544, 599, 1043 HB 1460 --Fish; creel limits; repeal certain
provision...........................................................250, 299, 620, 995, 1752, 1924 HB 1461 --Jails; certain items or conduct;
penalty.........................................................................................250, 299, 1030 HB 1462 --Special license plates; Armstrong
State College.........................................................................................250, 299 HB 1463 --Counties; levy fees for fire
protection services...............................................................250, 299, 909, 966 HB 1464 --Ad valorem tax; transfer certain
agricultural property to relative .............................251, 299, 671, 778, 2083 HB 1465 --County boards of equalization; alternate
members; appointment ..................................251, 299, 544, 697, 1183, 1197 HB 1466 --Alston, City of; corporate limits........................................251, 299, 438, 439, 624 HB 1467 --Driver's license; certain convictions;
notification within 10 days......................................251, 299, 568, 661, 1254 HB 1468 --Highways; all-terrain vehicles;
prohibit operation...........................................251, 299, 437, 588, 1254, 1437 HB 1469 --Speed detection devices;
testing requirements.................................................251, 299, 437, 629, 1043 HB 1470 --All-terrain vehicles; definition.........................................252, 299, 437, 587, 2083 HB 1471 --Abandoned motor vehicles; disposition
of vehicle and parts ..................................................252, 299, 437, 629, 1043 HB 1472 --Special purpose county sales tax; effective
date; amend provisions ...........................................252, 299, 909, 962, 1752, 1808, 1861, 1944, 1971, 2348, 2402, 2486
HB 1473 --Income tax exemption; increase certain retirement income ..................................................................252, 299
HB 1474 --Sumter County Public School System; create.............................................................................252, 299, 568, 569, 749
HB 1475 --Handicapped parking; enforcement; appointment of certain persons ..............................252, 299, 856, 939, 1518
HB 1476 --Probation; state participation in cost of funding certain systems ....................................253, 299, 949, 1533, 2083
HB 1477 --Richmond County; vehicle registration; designated periods ....................................................253, 299, 438, 439, 2223
HB 1478 --Richmond County; homestead exemption .....................253, 299, 438, 439, 1962 HB 1479 --Judicial officers; unlawful to interfere
with official duties..................................................253, 299, 671, 1155, 1965 HB 1480 --Special license plates; Atlanta University.................................................253, 299 HB 1481 --Chatham County; certain officials;
compensation...................................................253, 299, 438, 439, 1719, 1857 HB 1482 --Apportionment; House Disticts 118 and 137 ...................................254, 299, 670 HB 1483 --State Medical Education Board; executive
director; employment ...............................................254, 299, 669, 778, 2398 HB 1484 --Georgia export finance program; establish...............................................254, 299 HB 1485 --Adult day-care homes; licensing.................................................................254, 299 HB 1486 --Brunswick Judicial Circuit; abolish; Altamaha
and Coastal Judicial Circuits; create ................................................254, 299 HB 1487 --Water well pump installers; licensing........................................................254, 299 HB 1488 --Community education and development
grants; provide program...........................................255, 299, 544, 652, 1751
HB 1489 --Insurance; change of domicile of
insurer; examination...................................255, 299, 1168, 1372, 2086, 2252
HB 1490 --Insurance; surplus line brokers;
licensing............................................................255, 299, 621, 720, 1720, 1925
HB 1491 --Public school teachers and employees; health

INDEX

2855

insurance; discharge of debt .........................255, 299, 621, 842, 1183, 1559 HB 1492 --Insurer; definition include health
insurance plan ...........................................................255, 299, 621, 918, 1618 HB 1493 --State employees; health insurance; checks
void after certain time ...................................256, 299, 621, 842, 1183, 1559 HB 1494 --Insurers; statistics and data;
report requirements........................................256, 299, 902, 969, 2329, 2369 HB 1495 --Torts; intoxicated persons; liability for acts...........................200, 259, 437, 526,
1145, 1187, 1255, 1441, 1523, 1987, 2088 HB 1496 --Billiard rooms; licensing...............................256, 299, 544, 590, 1840, 1931, 2402 HB 1497 --Automatic telephone numbers;
per-call charge; restrictions .....................................256, 300, 793, 938, 1965 HB 1498 --Involuntary emergency treatment; authorization;
certain persons .....................................................................................256, 300 HB 1499 --Housing authority; joint cooperation; urban
residential finance authority...............................256, 300, 1030, 1156, 1839 HB 1500 --Public revenue; local sales tax;
amend provisions .................................................................................257, 300 HB 1501 --Urban residential finance authority for
large municipalities; definitions..........................257, 300, 1030, 1157, 1839 HB 1502 --Downtown development authority; contracts;
authorization..........................................................257, 300, 1030, 1160, 1839 HB 1503 --Board of Engineers and Land Surveyors;
continuation ...............................................................295, 436, 544, 608, 1043 HB 1504 --Gwinnett County; homestead exemption.........................................295, 436, 488,
496, 1619, 1644 HB 1505 --Gwinnett County; homestead exemption ................................295, 436, 488, 496,
1619, 1646, 1660, 1701, 1737, 2243, 2402 HB 1506 --Hunting; antlerless or either-sex deer;
amend provisions .................................................................................295, 436 HB 1507 --Motor vehicles; certain materials
on windows; prohibitions ....................................................................295, 437 HB 1508 --Board of Postsecondary Vocational
Education; designation........................................................................295, 437 HB 1509 --Child custody; proceedings, state;
define ..........................................................................296, 437, 567, 899, 1618 HB 1510 --Downtown Marietta Development Authority;
pigeon control program............................................296, 437, 488, 495, 1042 HB 1511 --Fulton County; ad valorem tax exemption;
elderly or disabled ..........................................296, 437, 568, 578, 1254, 1299 HB 1512 --Municipal Gas Authority; retirement
and employee benefits..............................................296, 437, 543, 659, 1182 HB 1513 --MARTA; rapid transit contracts;
procedures........................................................258, 300, 544, 628, 1163, 1402 HB 1514 --Ad valorem tax; assessment of
property.................................................................................................296, 437 HB 1515 --Insurance; provide certain information
to claimant..................................................................................296, 437, 1168 HB 1516 --Special license plates; Macon Junior
College; change name ..........................................................................297, 437 HB 1517 --Interest on judgments;
unsuccessful appeals..................................................................297, 437, 1168
HB 1518 --Farmers; pesticide contamination
cases; liability ..................................................297, 437, 542, 661, 1327, 1535
HB 1519 --Human Resources, Department of; certain insurance;
define nonprofit agencies ..............................297, 437, 621, 718, 1519, 1667
HB 1520 --Child Health Services Act; create ..............................................................297, 437

2856

INDEX

HB 1521 --Bad check; fee for serving citation....................................................433, 487, 746 HB 1522 --Education; eligibility for enrollment..........................................................433, 487 HB 1523 --State patrol; process servers ............................................433, 487, 622, 899, 1618 HB 1524 --Health; patient's records; mailing costs....................................................433, 487 HB 1525 --Buford, City of; corporate limits................................................................433, 487 HB 1526 --Van Wert, Town of; repeal act incorporating .........................................433, 487,
544, 545, 2223 HB 1527 --Accident and sickness insurance policies;
coverage for adopted children ......................434, 487, 902, 969, 2086, 2254 HB 1528 --Anatomical gifts; eliminate witness
requirement..............................................................434, 487, 975, 1362, 1965 HB 1529 --Counties; reimbursement for
capital felony expenses.........................................434, 487, 1313, 1521, 2398 HB 1530 --Sheriffs; civil cases; service fees........................................................434, 487, 567,
663, 1841, 1932
HB 1531 --Sheriffs; reports of interference with duties; repeal ....................................................434, 487, 567, 663, 2398
HB 1532 --Chatham County; board of commissioners; relative to agenda........................................................298, 437, 544, 545, 956
HB 1533 --Chatham County-City of Savannah; ad valorem tax; millage rates......................................................298, 437, 544, 545, 958, 1021
HB 1534 --Ad valorem tax; determination of millage rates..........................................................................................298, 437
HB 1535 --Fiscal affairs subcommittees; approval of certain leases.........................................................298, 437, 855, 924, 2226
HB 1536 --Contracts; certain commitments in writing....................................................................434, 487, 670, 897, 1405
HB 1537 --Warehousemen; weighing and handling leaf tobacco; charges....................................................................435, 487, 542
HB 1538 --Torts; damage to property; recovery....................435, 487, 621, 886, 2142, 2256 HB 1539 --Education; development programs; stipends ..................................435, 487, 855,
939, 2380, 2425 HB 1540 --Waycross Judicial Circuit; terms.....................................435, 487, 902, 941, 1965 HB 1541 --Higher education; savings fund;
provide method ....................................................................................298, 437 HB 1542 --Workers' Compensation; recovery against
third-party tort-feasors.......................................................................435, 487 HB 1543 --Water resources; farm uses; permits...............................299, 437, 670, 725, 2398 HB 1544 --State courts; appeals from magistrate courts...........................................435, 487 HB 1545 --Auditor or special master; fees
assessed as court costs ...................................436, 487, 543, 655, 1720, 1769 HB 1546 --State employees; certain foster
parents; liability........................................................483, 541, 907, 993, 1618 HB 1547 --Income tax; corporations; calculation........................................................483, 541 HB 1548 --Highways; transporting portable buildings;
permits ..............................................................................483, 541, 1502, 1647 HB 1549 --Torts; dental students; certain immunity........................................483, 541, 902,
1111, 2216, 2258, 2385, 2408, 2492 HB 1550 --Local government; multiyear leases; terms .....................................483, 542, 908,
1018, 1841, 1933 HB 1551 --Mitchell County; judge and solicitor;
compensation...............................................................484, 542, 568, 578, 915
HB 1552 --Mitchell County; board of commissioners;
election........................................................................484, 542, 856, 857, 1042
HB 1553 --Education; certain personnel;
career development..............................................................................484, 542
HB 1554 --Fulton County-City of Atlanta; hotel-motel

INDEX

2857

tax .................................................................436, 487, 1497, 1593, 2215, 2261 HB 1555 --Rockdale County; board of education;
compensation...................................................484, 542, 568, 578, 1180, 1201 HB 1556 --Rockdale County; homestead exemption.........................484, 542, 568, 579, 915 HB 1557 --Guardianship; incapacitated adults;
certain certificates ......................................484, 542, 1384, 1566, 2391, 2446 HB 1558 --Farm wineries; Sunday sales; certain hours ............................................485, 542,
671, 677, 1327
HB 1559 --State Board of Architects; continuation .......................................................................436, 487, 654, 1618
HB 1560 --Monroe County; board of commissioners; terms..................................................485, 542, 568, 578, 673
HB 1561 --Crimes; conversion of certain leased property; penalty limits........................................537, 566, 746, 1621
HB 1562 --Criminal solicitation; penalty .............................................................537, 566, 746 HB 1563 --Hazardous waste; Board of Natural
Resources; powers.........................................538, 566, 745, 1257, 1841, 1935 HB 1564 --Solid waste disposal sites; permits; restrict issuance..............................538, 566 HB 1565 --Selling and trade practices; sale of
business opportunities .................................538, 566, 793, 1261, 2085, 2179 HB 1566 --Investment advisory business;
regulate...........................................................486, 542, 793, 1270, 2086, 2262 HB 1567 --Public works contracts; bid
procedure; Bibb County.......................................538, 566, 1386, 1522, 2226 HB 1568 --Evidence; prosecution for rape.........................................................538, 566, 1030 HB 1569 --Byron; Redevelopment Powers Law;
authorize.......................................................................538, 566, 622, 623, 877 HB 1570 --Motor vehicle insurance; restricted
driving permits .....................................539, 566, 856, 921, 1967, 2177, 2230 HB 1571 --Business Corporation Code; merger or
combination; prohibitions..............................539, 566, 670, 779, 1720, 1762 HB 1572 --Outdoor advertising; height of certain signs ............................................539, 566 HB 1573 --Rabun County; tax commissioner;
collection of school taxes ...........................................539, 566, 622, 623, 877 HB 1574 --Rabun County; coroner; compensation ............................539, 566, 622, 623, 877 HB 1575 --Rivers; protection of water supplies ..........................................................486, 542 HB 1576 --Pressure vessels; storage of propane
gas; certain exemption..............................................539, 566, 793, 920, 2226 HB 1577 --Witnesses; influencing testimony;
prohibitions................................................................539, 566, 670, 882, 1719 HB 1578 --Motor vehicles; rules of the road;
private streets; applicability...............................................................540, 566 HB 1579 --Submerged cultural resources; regulations;
Board of National Resources .............................................................540, 566 HB 1580 --MARTA; contract by negotiations for certain
services..........................................................................486, 542, 544, 676, 717 HB 1581 --Corrections, Department of; diversion centers;
location of certain persons .........................................................540, 566, 949 HB 1582 --Fire sprinklers; certain senior citizens' residences ..................................540, 566 HB 1583 --Motor vehicles; annual safety inspection..................................................540, 566 HB 1584 --DeKalb County State Court; judges'
compensation.............................................................540, 566, 856, 858, 1402
HB 1585 --DeKalb County State Court; appointment
of deputy clerks.........................................................541, 566, 856, 858, 1403
HB 1586 --World Congress Center; employees;
deferred compensation plan ...............................................................541, 566
HB 1587 --Motor vehicle insurance; optional

2858

INDEX

coverage; requirement .........................................................................486, 542 HB 1588 --Motor vehicle insurance; uninsured motorist;
deductible amount ...............................................................................486, 542 HB 1589 --Insurable interest; corporate officers
and employees ...........................................................486, 542, 621, 778, 1966 HB 1590 --Insurance; life benefit certificates;
requirements ............................................................541, 566, 902, 1152, 2083 HB 1591 --Georgia Farm Debt Mediation Act; enact........................................562, 620, 659 HB 1592 --Private property; motor vehicle; certain trespass .........................562, 620, 1385 HB 1593 --Felony; offense of escape .............................................................................562, 620 HB 1594 --Abandoned cemeteries; counties
to maintain.............................................................562, 620, 1104, 1260, 1751 HB 1595 --Harris County; board of commissioners;
compensation and expenses.......................................562, 620, 671, 672, 915 HB 1596 --Boat Safety Act; flotation
device; define ...........................................................562, 620, 620, 1107, 1518 HB 1597 --Hunting and fishing licenses; nonresidents;
elderly............................................................563, 620, 620, 1108, 1619, 1671, 1738, 1740, 1783, 1948, 1969
HB 1598 --Health records; falsification; prohibitions................................................563, 620, 902, 919, 1839
HB 1599 --Medical examiner; establish office in certain counties................................................................................563, 620
HB 1600 --Fulton County; board of registration and elections ................................563, 620 HB 1601 --Fulton County; board of registrars; prohibitions.....................................563, 620 HB 1602 --Habersham County; probate court judge serve
as chief magistrate....................................................564, 620, 671, 672, 1181 HB 1603 --Special county sales tax; separate project; referendum..........................564, 620 HB 1604 --Workers' compensation hearing; certain
testimony; prohibit dismissal.....................................................564, 620, 670 HB 1605 --Consumers' utility counsel; repeal
certain provisions .............................541, 566, 1175, 1590, 2391, 2445, 2686 HB 1606 --Georgia Condominium Act; amend............................................................564, 620 HB 1607 --Appellate court; stipulated record .............................................................564, 620 HB 1608 --Special county sales tax; educational purposes........................................564, 620 HB 1609 --Clarke County; Classic Center
Authority; create .........................................................565, 620, 671, 672, 877 HB 1610 --Day camp facility; regulation by Human Resources.....................565, 620, 1175 HB 1611 --Fish; American shad or Hickory shad;
limits.............................................................565, 620, 1124, 1258, 2348, 2448 HB 1612 --Code of Georgia; references to illegitimate
or bastard; amend.................................................617, 669, 1168, 1259, 2226 HB 1613 --Financing and Investment Commission; capital
appreciation bonds; higher education...............................................618, 669 HB 1614 --Education; textbook list; certain recommendation..................................618, 669 HB 1615 --Criminal procedure; disposition
of seized property............................................................618, 669, 1565, 1678 HB 1616 --Cobb County-Marietta Water Authority;
amend provisions ..................................................618, 669, 1031, 1032, 1515 HB 1617 --Gwinnett County; homestead exemption.........................................618, 669, 707,
709, 2095, 2126 HB 1618 --Contracts with state agencies; certain
exemption; nonprofit contractor.........................618, 669, 1124, 1202, 2226
HB 1619 --Psychology; license requirements....................................619, 669, 902, 922, 2398
HB 1620 --Nonsewered toilet systems; regulate..........................................................619, 669
HB 1621 --Professional malpractice; required affidavits ...........................................619, 669
HB 1622 --Teachers; health insurance; employer's

INDEX

2859

contributions............................................................566, 620, 902, 1108, 1618 HB 1623 --State employees; health insurance;
computing contributions..............................566, 620, 902, 1109, 1620, 1665 HB 1624 --Special license plates; Columbus College..................................................619, 669 HB 1625 --Cobb County Commission on Children
and Youth; create...........................................566, 620, 671, 672, 1145, 1198 HB 1626 --State Properties Commission; acquisition
services for other agencies.....................................666, 706, 949, 1105, 1966 HB 1627 --Witnesses; delivery of certain
prisoners; procedure .............................................666, 706, 1314, 1587, 2398 HB 1628 --Medicaid utilization payment; limit;
exempt certain hospitals .....................................................................667, 706 HB 1629 --Bus Passenger Safety Act;
amend provisions..................................................667, 706, 1168, 1601, 2399 HB 1630 --AIDS battery; conviction for murder
if victim dies.........................................................................................667, 706 HB 1631 --Nonprofit corporations; failure to file
annual report; penalty ...................................667, 706, 902, 970, 1720, 1771 HB 1632 --Jury duty; law enforcement officers; exemption......................................667, 706 HB 1633 --Cobb Judicial Circuit; number of investigators and
assistant district attorneys............................667, 706, 746, 747, 1623, 1699 HB 1634 --Atlanta, City of; provide for
urban enterprise zones...............................668, 706, 1031, 1032, 2085, 2127 HB 1635 --Superior court clerks; fees;
certain reference........................................................668, 706, 908, 970, 1966 HB 1636 --Dangerous drugs; amend list......................................................668, 706, 902, 924 HB 1637 --Augusta-Richmond County Commission-Council;
provide....................................................................668, 706, 2117, 2118, 2685 HB 1638 --Public employees; deferred compensation
plan; define employee.............................................668, 706, 856, 1152, 2083 HB 1639 --Jackson County; superior court; terms...........................668, 706, 902, 997, 1405 HB 1640 --Crimes; use of force against intruder ........................................................704, 745 HB 1641 --Insurance; provide for collision
damage waivers................................................................704, 745, 1168, 1201 HB 1642 --Garnishment; judgments; repeal certain requirements...........................704, 745 HB 1643 --Commercial Code; disposition of
collateral after default.........................................................................704, 745 HB 1644 --Local school systems; grants;
calculation of allotments.....................................................................704, 745 HB 1645 --Education; equalization grants;
calculation.............................................................................................705, 745 HB 1646 --DeKalb County; homestead exemption ...........................................669, 706, 746,
747, 2085, 2403, 2690
HB 1647 --Game and Fish; misdemeanor violations; probate court jurisdiction..........................705, 745, 1314, 1560, 2392, 2449
HB 1648 --Income tax; certain corporations; job tax credits.......................................................................................705, 745
HB 1649 --Mortgages; cancellation; recording procedures.........................................705, 745 HB 1650 --Nuisances; buildings unfit for human
habitation; jurisdiction.................................705, 745, 975, 1107, 2085, 2314 HB 1651 --Morgan County; magistrate court; library;
increase fees...............................................................705, 745, 856, 858, 1180
HB 1652 --Dacula, City of; homestead exemption...........................740, 854, 909, 911, 1252
HB 1653 --Lawrenceville, City of; ad valorem tax;
homestead exemption...............................................740, 854, 909, 912, 1252
HB 1654 --Barrow County School District;
homestead exemption...............................................741, 854, 909, 913, 1252

2860

INDEX

HB 1655 --Workers' compensation; employee rights; construction design professionals ......................................................741, 854
HB 1656 --Alcoholic beverage license display; amend proximity requirement...........................................................741, 854
HB 1657 --Business license; levy by county; criteria for assessment ...............................741, 854, 1125, 1269, 2086, 2270
HB 1658 --Marietta, City of; reincorporate city; additional tax within corporate limits......................................741, 854, 909, 910, 1325
HB 1659 --Cherokee County; homestead exemption.......................741, 854, 909, 914, 1515 HB 1660 --Driving under the influence; blood alcohol content;
amend.................................................742, 854, 1168, 1294, 2216, 2341, 2692 HB 1661 --Workers' compensation; persons doing
certain community service..................................................................742, 854 HB 1662 --Hazing; prohibit.............................................................742, 854, 1125, 1264, 1966 HB 1663 --Jefferson County; board of education; election .......................742, 854, 909, 910 HB 1664 --Jefferson County; board of commissioners;
compensation .............................................................742, 854, 909, 910, 2081 HB 1665 --Highways; securing loads of
pulpwood or logs........................................................................742, 854, 1004 HB 1666 --Athens, City of; new charter............................................743, 854, 909, 911, 1144
HB 1667 --Game and fish; deer farms; requirements .........................................................................................743, 854
HB 1668 --Alcohol and drug courses; segment on consumption while pregnant.........................................................706, 745
HB 1669 --Indemnification; expand program..............................................................743, 854
HB 1670 --Stone Mountain Judicial Circuit; add judge..................................................................743, 854, 975, 1006, 1966
HB 1671 --Georgia Life and Health Insurance Guaranty Association; applicability.............................743, 854, 902, 1114, 1968, 1980
HB 1672 --Wilcox County; board of commissioners; election........................................................................743, 854, 909, 911, 1180
HB 1673 --Sales tax; exempt propane gas used for certain agricultural purposes..............................................................744, 854
HB 1674 --Tax sales; redemption period; certain date....................................................744, 854, 908, 1153, 1967, 1981
HB 1675 --Surveyors; qualifications; amend application .........................................................744, 854, 908, 909, 961, 1254
HB 1676 --Long County; board of education; election........................................................................849, 907, 949, 950, 1180
HB 1677 --Miller County; state court; assistant district attorney serve as solicitor ........................................................849, 907, 981, 982, 1252
HB 1678 --Transportation, Department of; lease of property; waive certain requirement .....................................850, 907, 1177, 1601, 2227
HB 1679 --Fulton County; grants for charitable purposes..............................................................................850, 907
HB 1680 --Paulding County; board of commissioners; compensation .............................................................850, 907, 949, 950, 1180
HB 1681 --Real estate; brokers and salespersons; continuing education...........................................................................850, 907
HB 1682 --Upson County; ad valorem tax; homestead exemption...............................................850, 907, 949, 952, 1145
HB 1683 --Upson County; ad valorem tax;
homestead exemption...............................................850, 907, 949, 953, 1145
HB 1684 --Pike County; ad valorem tax;
homestead exemption...............................................851, 907, 949, 953, 1180
HB 1685 --Upson County; ad valorem tax;

INDEX

2861

homestead exemption...................................................851, 907, 949, 954, 1145 HB 1686 --Emerson, City of; new charter...............................851, 907, 949, 951, 1403, 2081 HB 1687 --Cobb County Civil Service System;
establish......................................................................851, 907, 949, 951, 1516 HB 1688 -- DeKaJb County; Lenox Park Community
Improvement District; create..................................851, 907, 949, 951, 1403 HB 1689 --Corrections, Department of; new
confinement facilities; notice ..............................851, 907, 1246, 1690, 2399 HB 1690 --Emerging Crops Fund Act; enact...............................................................744, 854 HB 1691 --World Congress Center; stadium
financing.......................................................745, 854, 1029, 1562, 2380, 2451 HB 1692 --School bus drivers; minimum
salary.......................................................................852, 907, 1245, 1423, 2083 HB 1693 --Retired peace officers; certain
requirements; exemption ....................................................................852, 907 HB 1694 --Deer; number killed in a season; Natural
Resources make annual report............................852, 907, 1124, 1234, 2399 HB 1695 --Berrien County; ad valorem tax;
homestead exemption...............................................852, 907, 949, 955, 1180 HB 1696 --Driver's license; instruction permits;
certain prohibitions .............................................................................852, 907 HB 1697 --Wilkes County; coroner; annual salary...........................852, 907, 949, 951, 1252 HB 1698 --Emanuel County; board of education;
composition and election.........................................853, 907, 949, 951, 1616 HB 1699 --Degradable containers; fast food sales ......................................................853, 907 HB 1700 --State Patrol; service at certain
auto racing events................................................853, 907, 1176, 1258, 1719 HB 1701 --Marriage and family therapy; law degree;
fulfill license requirement ...........................853, 907, 908, 1496, 2231, 2677 HB 1702 --Misdemeanor-bail jumping; amend provisions ................................853, 907, 908 HB 1703 --Douglasville-Douglas County Water and Sewer Authority Act;
expense allowances.........................................904, 948, 981, 982, 1518, 1560 HB 1704 --Alimony and child support; action by spouses ........................................904, 948 HB 1705 --Cobb County; civil service system; classified
and unclassified service............................................905, 948, 981, 983, 1516 HB 1706 --Cobb County; tax commissioner;
executive secretary....................................................905, 948, 981, 983, 1516 HB 1707 --Coroner's training course; expense
allowance........................................................905, 948, 981, 1107, 1719, 1772 HB 1708 --Mansfield; new charter.................................905, 948, 981, 981, 1124, 1126, 1834 HB 1709 --Ben Hill County Public School System;
create...........................................................................905, 948, 981, 983, 1252 HB 1710 --Worth County; state court;
judge's salary.................................................................905, 948, 981, 983, 1252 HB 1711 --Houston County; board of education;
superintendent; appointment....................905, 948, 1031, 1039, 1518, 1668 HB 1712 --Houston County; motor vehicles;
staggered registration...........................................906, 948, 1031, 1039, 1325 HB 1713 --Montgomery County; chief magistrate;
appointment...............................................................906, 948, 981, 984, 1252 HB 1714 --Teachers; application for
certification; fee ..........................................906, 948, 1383, 1674, 2393, 2464
HB 1715 --Local governmental reorganization; vote
in unincorporated area of county............................................906, 948, 1386
HB 1716 --Quality Basic Education; annual funding calculation;
full-time equivalency program count................................................906, 948
HB 1717 --Probation; transfer from one

2862

INDEX

judicial circuit to another ..............................................906, 948, 1565, 1673 HB 1718 --Emanuel County; board of elections;
membership................................................................906, 948, 981, 984, 1717 HB 1719 --Banks County; board of commissioners;
election; terms.......................................................946, 980, 1031, 1039, 1325 HB 1720 --Henry County; magistrate court;
election....................................................................946, 980, 1031, 1039, 1325 HB 1721 --DeKalb County; ad valorem tax;
homestead exemption ................................946, 980, 1031, 1041, 2085, 2097 HB 1722 --Villa Rica, City of; corporate limits............................946, 980, 1124, 1142, 1516 HB 1723 --Jenkins County; state court; terms.............................946, 980, 1031, 1040, 1325 HB 1724 --Tickets; service charges; change amount ...................946, 980, 1030, 1148, 1751 HB 1725 --Effingham County; board of commissioners;
compensation.........................................................947, 980, 1031, 1040, 1325 HB 1726 --Dougherty County; magistrate court;
chief magistrate; designation...............................948, 980, 1031, 1040, 1325 HB 1727 --Homestead exemption; certain qualification;
population classification ...................................................................978, 1028 HB 1728 --Education; remove driver education
courses for enrollment counts..........................................................978, 1028 HB 1729 --New motor vehicle dealer;
registration requirements.............................................979, 1028, 1168, 1523 HB 1730 --Equines; humane care..................................................................................948, 980 HB 1731 --Supreme Court and Court of Appeals;
reports; definition...............................................979, 1028, 1168, 1261, 2399 HB 1732 --Local governments; interment of
deceased indigents; payment...........................................979, 1028, 1168, 1263 HB 1733 --Malt beverages; sell for consumption on premises................................979, 1028 HB 1734 --DeKalb County; chief magistrate; compensation..................................979, 1028,
1124, 1142, 1403 HB 1735 --Walnutgrove-Youth Water Authority; change
name and membership .......................................979, 1028, 1124, 1142, 1403 HB 1736 --Port Wentworth, City of;
mayor and councilmen; election.....................1025, 1123, 1247, 1248, 1963 HB 1737 --Dalton, City of; pedestrian bridge;
grant easement..................................................1025, 1123, 1176, 1177, 1516 HB 1738 --Courts; juvenile proceedings; certain
designations............................................................................1026, 1123, 1385 HB 1739 --Habersham County; designated registration
of vehicles...........................................................!026, 1123, 1176, 1178, 1516 HB 1740 --Retired peace officers; certification requirements...............................1026, 1123 HB 1741 --Culloden, City of; council; election.........................1026, 1123, 1176, 1178, 1403 HB 1742 --Bartow County; designated registration
periods; motor vehicles.....................................l026, 1123, 1176, 1178, 1834 HB 1743 --Emergency vehicles; blue lights;
permit.......................................................!026, 1123, 1176, 1620, 2301, 2368 HB 1744 --Crawford County; ad valorem tax;
homestead exemption.......................................!027, 1123, 1386, 1399, 1717 HB 1745 --Bibb County; board of commissioners;
recall procedures...............................................1027, 1123, 1176, 1178, 1516 HB 1746 --Peach County; ad valorem tax;
homestead exemption.......................................!027, 1123, 1176, 1179, 1516
HB 1747 --Insurers; assets; consideration
of good will.........................................................l027, 1123, 1168, 1225, 1966
HB 1748 --Long-term care insurance
policies; regulation..................................l027, 1123, 1168, 1236, 2252, 2291
HB 1749 --Springfield, City of; corporate limits....................................................H20, 1175,

INDEX

2863

1246, 1248, 1717 HB 1750 --Radon Safety Act; enact..........................................................................H20, 1175 HB 1751 --Dalton, City of; convey property.............................H20, 1175, 1246, 1248, 1616 HB 1752 --Minors; school vacation months; employment..........................1120, 1175, 1313,
1435, 2391, 2638 HB 1753 --Traffic offenses; waive trial by jury; remand case...............................1120, 1175 HB 1754 --Law enforcement officers; witness fees;
amend provisions.............................................................................1120, 1175 HB 1755 --Workers' compensation; law enforcement
officers; contracting AIDS ..............................................................1121, 1175 HB 1756 --Higher education; procedure for
savings fund......................................................................................1121, 1175 HB 1757 --Burke County; judge and solicitor;
compensation.....................................................1121, 1175, 1246, 1248, 1717 HB 1758 --Bulloch County; judge and clerk of the
probate court; compensation...........................1121, 1175, 1246, 1248, 1717 HB 1759 --Bulloch County; employees and clerk of the
superior court; compensation..........................1121, 1175, 1246, 1249, 1717 HB 1760 --Bulloch County; sheriff, deputies and clerk
of the sheriff; compensation............................H21, 1175, 1246, 1249, 1717 HB 1761 --Bulloch County; tax commissioner;
compensation.....................................................1121, 1175, 1246, 1249, 1717 HB 1762 --Gwinnett County; board of education;
election................................................................H22, 1175, 1246, 1251, 2223 HB 1763 --Law enforcement; special and
high-risk occupation........................................................................1122, 1175 HB 1764 --Real Estate Appraisers Board; create....................................................H22, 1175 HB 1765 --Alcoholic beverage sales; duty to verify age.........................................1028, 1123 HB 1766 --Turner County; board of education;
election................................................................1122, 1175, 1315, 1316, 1749 HB 1767 --Sugar Hill, City of; corporate limits.......................1122, 1175, 1246, 1251, 2223 HB 1768 --Highways; uniform relocation assistance;
certain persons ..................................................1028, 1123, 1177, 1420, 1839 HB 1769 --State Tollway Authority; relocation assistance
and revenue bonds; define...............................1028, 1123, 1177, 1421, 1839 HB 1770 --Hospitals; license fees; appropriations to
Indigent Health Care Provider Fund ...........................................1028, 1123 HB 1771 --Cobb County; state court solicitor;
compensation.....................................................1122, 1175, 1246, 1251, 1963 HB 1772 --Credit cards; finance charges..................................................................H23, 1175 HB 1773 --Biological father; establish family
relationship with child ....................................................................1171, 1244 HB 1774 --Teachers; transfer employment; Central
State Hospital; benefits ..................................................................1171, 1244 HB 1775 --Catoosa County; board of commissioners;
provide................................................................H71, 1244, 1315, 1316, 1749 HB 1776 --Counties; appropriations for charitable
contributions; repeal population classification............................1171, 1244 HB 1777 --Counties; appropriations for charitable contributions;
repeal certain Section ...........................................................1171, 1244, 1608 HB 1778 --Kennesaw, City of; mayor and council;
compensation................................1172, 1244, 1315, 1316, 1746, 1747, 2224
HB 1779 --State Board of Postsecondary Vocational Education; change
name to Department of Technical and Adult Education...................1123,
1175, 1246, 1411, 1966
HB 1780 --Fulton County; library; board of trustees............................................U72, 1244,
1609, 1610, 2396

2864

INDEX

HB 1781 --Transportation, Department of; bids; examination of site ...........................................1172, 1244, 1412, 2215, 2636
HB 1782 --Alpharetta, City of; municipal court; judge's qualifications......................................................H23, 1175, 1315, 1321, 1718
HB 1783 --Douglas, City of; ad valorem tax; homestead exemption.......................................H72, 1244, 1315, 1323, 1749
HB 1784 --Gainesville Area Park Commission; change name and increase membership................................1172, 1244, 1315, 1321, 1750
HB 1785 --County taxes; purchase of food for school lunches ............................................1172, 1244, 1603, 1621, 2380, 2409, 2491, 2537, 2589, 2606, 2690
HB 1786 --Elections; deputy registrars; prohibit residency requirement...........................................................1172, 1244, 1245
HB 1787 --Atlanta, City of; urban enterprise zones; requirements ................................................................1173, 1244, 1609, 1611
HB 1788 --Barnesville, City of; council; voting requirements..........................................H73, 1244, 1315, 1321, 1718
HB 1789 --Catoosa County; probate court judge and superior court clerk; annual salary ................................1173, 1244, 1315, 1321, 1750
HB 1790 --Alcoholic beverage purchase; proper identification.............................1173, 1244
HB 1791 --Columbia County; board of commissioners; salary........................................................1173, 1244, 1315, 1322, 1967, 1985
HB 1792 --Columbia County; ad valorem tax; homestead exemption.......................................H73, 1244, 1315, 1323, 1718
HB 1793 --Columbia County; officials' compensation...........................................H73, 1244, 1315, 1322, 1616
HB 1794 --Oysters and clams; repeal mandatory closed seasons..........................................H74, 1244, 1603, 1689, 2328, 2370
HB 1795 --Gwinnett County; abolish office of coroner and establish office of medical examiner....................................1174, 1244, 1502, 1503, 2686
HB 1796 --Bulloch County; board of commissioners; compensation.........................................................!!?'*, 1244, 1315, 1322, 1718
HB 1797 --Sheriff; honorary office of sheriff emeritus.................................................1174, 1244, 1314, 1416, 2084
HB 1798 --Local governments; property purchases; independent appraisal.....................................................................1174, 1244
HB 1799 --Henry County; board of commissioners; chairman's election.................................1241, 1312, 1386, 1388, 1840, 1942
HB 1800 --Comer, City of; provide continuation for governing body..................................!241, 1312, 1386, 1388, 1840, 1843
HB 1801 --Cherokee and Forsyth Counties; state court; jurisdiction and qualifications ........................1241, 1312, 1386, 1388, 1963
HB 1802 --Fiscal notes; explanation of impact of bill; requirement.....................................................1241, 1312, 1314, 1409
HB 1803 --Upson County-City of Thomaston; establish airport authority...............................1241, 1313, 1386, 1388, 1718
HB 1804 --Public officials and candidates; disclosure; reporting date ...............................................................1241, 1313
HB 1805 --Candler County; state court; compensation .....................................................1242, 1313, 1386, 1388, 1750
HB 1806 --Animal control; fees for
impounding services.........................................1242, 1313, 1313, 1417, 1967
HB 1807 --Rockdale County; vehicle registration;
designated periods............................................1242, 1313, 1386, 1389, 1834
HB 1808 --Marietta, City of; ad valorem tax; homestead exemption.................................................1242, 1313, 1386, 1400

INDEX

2865

HB 1809 --Marion County; vehicles; designation registration.........................................................l242, 1313, 1386, 1389, 1750
HB 1810 --Butler, City of; new charter.....................................1242, 1313, 1386, 1389, 1750 HB 1811 --Forest Park, City of; new charter ...........................1243, 1313, 1502, 1504, 1963 HB 1812 --Jonesboro, City of; mayor and council;
filling vacancies.................................................1243, 1313, 1386, 1389, 1834 HB 1813 --Sales tax exemption; food for certain
senior citizens' centers ....................................................................1243, 1313 HB 1814 --Riverdale, City of; ad valorem tax;
homestead exemption.......................................!243, 1313, 1386, 1401, 1834 HB 1815 --Gwinnett County; board of commissioners;
recreate.....................................................l243, 1313, 1386, 1390, 2231, 2238 HB 1816 --Snellville, City of; corporate limits.......................................................1243, 1313,
1386, 1390, 2224 HB 1817 --Real estate transfer tax; forms
furnished to tax assessors...............................................................1305, 1382 HB 1818 --Folkston, City of; municipal court;
jurisdiction.........................................................1305, 1382, 1502, 1505, 1834 HB 1819 --Crawford County; board of education;
meetings..............................................................!305, 1382, 1609, 1611, 1835 HB 1820 --Crawford County; probate court;
jurisdiction.........................................................1306, 1382, 1609, 1611, 1835 HB 1821 --Rome, City of; board of education; amend provisions.......................!306, 1382,
1609, 1612, 1835 HB 1822 --Madison County; board of commissioners;
election................................................................!306, 1382, 1502, 1505, 1750 HB 1823 --Madison County; board of education;
provide................................................................!306, 1382, 1502, 1505, 1750 HB 1824 --Wilkes County; tax commissioner;
compensation.....................................................1306, 1382, 1502, 1505, 1835 HB 1825 --Dialysis machines; certificate
of need; certain exemptions ...........................................................1306, 1382 HB 1826 --Cherokee County Water and Sewer Authority;
compensation.....................................................1306, 1382, 1502, 1506, 1963 HB 1827 --Walton County; ad valorem tax;
homestead exemption.......................................!306, 1382, 1502, 1511, 1835 HB 1828 --Coweta County; ad valorem tax;
homestead exemption.......................................1307, 1382, 1502, 1512, 1835 HB 1829 --Walton County; ad valorem tax;
homestead exemption......................................!307, 1382, 1502, 1513, 1835, HB 1830 --Walton County; vehicles; designation
registration.........................................................1307, 1382, 1502, 1506, 1835 HB 1831 --Kingsland, City of; corporate limits .......................1307, 1382, 1713, 1714, 2082 HB 1832 --Berrien County; magistrate court;
chief magistrate's salary...................................!307, 1382, 1502, 1506, 1835 HB 1833 --Jackson County; state court;
full-time judge and solicitor ..........................................................1307, 1382, 1502, 1506, 2094, 2199
HB 1834 --Irwinton, City of; new charter.................................1307, 1382, 1502, 1507, 1835 HB 1835 --Gordon, City of; new charter...................................1307, 1382, 1502, 1507, 1836 HB 1836 --Catoosa County; board of utilities
commissioners; selection..................................1308, 1382, 1609, 1612, 1963
HB 1837 --Butts County; board of commissioners;
powers and duties .............................................1308, 1382, 1502, 1507, 1963
HB 1838 --Centerville, City of; corporate limits....................................................1308, 1383,
1502, 1507, 1836
HB 1839 --Insurance; after-market part in motor

2866

INDEX

vehicle repairs; identification.........................................................1308, 1383 HB 1840 --Estates; year's support; payment of taxes ............................................1308, 1383 HB 1841 --Cobb County; state court; costs...............................l308, 1383, 1502, 1507, 1963 HB 1842 --DeKalb County; governing authority;
amend provisions..............................................1308, 1383, 1502, 1508, 1838 HB 1843 --Minors; viewing certain nude and
sexual conduct; prohibitions......................................!309, 1383, 1588, 1603 HB 1844 --Newton County; new board of education;
compensation.....................................................1309, 1383, 1502, 1508, 1836 HB 1845 --Pelham, City of; public school
system; provisions.............................................1309, 1383, 1609, 1613, 1836 HB 1846 --Board of Medical Examiners; attend seminar;
license requirements ...................................................1309, 1383, 1602, 1620
HB 1847 --Johnson County; magistrate court; chief magistrate; selection.........................................1309, 1383, 1502, 1508, 1836
HB 1848 --Alcoholic beverages; Sunday sales; certain areas.......................................................!309, 1383, 1385, 1676, 2399
HB 1849 --Atlanta Market for Georgia Farm Products Authority; create.....................................!309, 1383, 1609, 1613, 2232, 2273
HB 1850 --Scotland, City of; reincorporate; new charter ........................................................1310, 1383, 1502, 1508, 1963
HB 1851 --Underground storage tanks; regulations..........................................................!310, 1383, 1603, 1677, 2227
HB 1852 --Albany, City of; homestead exemption; elderly.................................................................1310, 1383, 1502, 1514, 1836
HB 1853 --Dougherty County; approval for contracts and purchases; amount ....................................1310, 1383, 1502, 1509, 1836
HB 1854 --Dougherty County; probate court; judge's salary....................................................................................1310, 1383
HB 1855 --Bulloch County; coroner's salary.............................l310, 1383, 1502, 1509, 1836 HB 1856 --Bulloch County; state court;
judge's salary.....................................................1310, 1383, 1502, 1509, 1836 HB 1857 --Manchester, City of; board of commissioners;
election................................................................!311, 1383, 1502, 1509, 1836 HB 1858 --Clayton County; coroner's compensation.............................................1311, 1383,
1502, 1509, 1964
HB 1859 --Clayton County; sheriff and superior court clerk; compensation..........................................1311, 1383, 1502, 1510, 1837
HB 1860 --Clayton County; probate court judge; compensation .........................................1311, 1383, 1502, 1510, 1837
HB 1861 --Clayton County; appointment of school superintendent...................................................l311, 1383, 1502, 1510, 1837
HB 1862 --Clayton Judicial Circuit; court reporter; compensation.....................................................1311, 1383, 1502, 1510, 1837
HB 1863 --Clayton County; tax commissioner; compensation.....................................................1311, 1383, 1502, 1511, 1837
HB 1864 --Clayton County State Court; deputy clerk, judge and solicitor; compensation.............................1312, 1383, 1502, 1511, 1837
HB 1865 --Henry County; educational tax exemption; elderly.................................................................1312, 1383, 1502, 1514, 1837
HB 1866 --Fayetteville, City of; corporate limits .........................................1380, 1500, 1609 1614, 2095, 2148
HB 1867 --Tift County Airport Authority; change name to Tifton-Tift
County Airport Authority................................l380, 1500, 1609, 1614, 1837
HB 1868 --Residential property; lending requirements; survey.................................................................................................1380, 1500
HB 1869 --Residential property; lending requirements;

INDEX

2867

termite inspection............................................................................1381, 1500 HB 1870 --Habitual offender; probationary driver's
license; attend certain meetings ....................................................1381, 1500 HB 1871 --River Corridor Protection Act; enact ....................................................1381, 1500
HB 1872 --General Assembly; population bills; definition .......................................1381, 1500, 1501, 1670, 2403, 2488, 2691
HB 1873 --Madison County; board of commissioners; amend provisions........................................................!^!, 1500, 1609, 1614, 1967, 1982, 2116, 2137, 2230
HB 1874 --Cobb County; state court; clerk and chief deputy clerk; compensation.............................!381, 1500, 1609, 1614, 1964
HB 1875 --Distress merchandise sale, going out of business sale or fire sale; regulation .............................................................1382, 1500
HB 1876 --Handicapped parking; penalty for violation.........................................!382, 1500 HB 1877 --Alcoholic beverage sales; levels of certain
substances; warning signs ...............................................................1382, 1500 HB 1878 --Foreclosure; certain real estate
sales; notice.......................................................................................1497, 1501 HB 1879 --Waycross, City of; mayor; election..........................!497, 1501, 1829, 1830, 2224 HB 1880 --Talmo, Town of; reincorporate................................!498, 1607, 1713, 1714, 2082 HB 1881 --Carroll County; chief magistrate shall be
attorney licensed in state...........................................!499, 1607, 1713, 1714 HB 1882 --Mt. Zion, City of; new charter.................................!499, 1607, 1713, 1714, 2394 HB 1883 --Dougherty County; certain officials;
salary...................................................................1499, 1607, 1713, 1714, 2224 HB 1884 --Chattooga County; state court judge and solicitor;
compensation.....................................................!499, 1607, 1713, 1715, 2082 HB 1885 --Cobb County; state court judges;
compensation...........................................!499, 1607, 1713, 1715, 2086, 2144 HB 1886 --Cobb County; juvenile court judge;
compensation.....................................................1499, 1607, 1713, 1715, 1964 HB 1887 --Clayton County; board of education;
selection..............................................................!500, 1607, 1713, 1715, 2082 HB 1888 --Clayton County; board of commissioners;
compensation.....................................................1500, 1607, 1746, 1747, 2224 HB 1889 --Jonesboro, City of; mayor and councilmen;
election................................................................!500, 1607, 1713, 1716, 2082 HB 1890 --Forsyth County; board of commissioners;
compensation.....................................................1606, 1712, 1746, 1747, 2394 HB 1891 --Cobb County; tax commissioner;
compensation.....................................................1606, 1712, 1746, 1747, 2224 HB 1892 --Spalding County Water and Sewer Facilities
Authority; membership....................................1606, 1712, 1746, 1748, 2224 HB 1893 --Income tax; individual medical accounts..............................................1606, 1712
HB 1894 --Cobb County; ad valorem tax; homestead exemption ............................1606, 1712, 1829, 1832, 2095, 2139
HB 1895 --Cobb County; ad valorem tax; homestead exemption ............................1607, 1712, 1829, 1833, 2095, 2139
HB 1896 --Heard County; chief magistrate; compensation...................................1607, 1712 HB 1897 --Check-cashing establishments; limit
percentage fee charge ......................................................................1607, 1712 HB 1898 --Fannin County; board of registrations and
elections; clerical help .....................................................................1607, 1712
HB 1899 --Norcross, City of; new charter.................................!?!!., 1745, 1829, 1831, 2224
HB 1900 --Clayton County; state court judge;
election................................................................l711, 1745, 1829, 1831, 2225
HB 1901 --Chatham Area Transit Authority;

2868

INDEX

transit services...................................................l712, 1745, 1955, 1956, 2396 HB 1902 --Franklin, City of; new charter.................................1712, 1745, 1829, 1831, 2225 HB 1903 --Loganville, City of; new charter.............................. 1743, 1827, 1955, 1957, 2395 HB 1904 --Floyd County; ad valorem tax;
homestead exemption.......................................!743, 1827, 1955, 1961, 2395 HB 1905 --Rome, City of; ad valorem tax;
homestead exemption.......................................l744, 1827, 1955, 1961, 2395 HB 1906 --Towns County; probate court;
judge's compensation........................................l744, 1827, 1955, 1957, 2395
HB 1907 --Rabun County; board of commissioners; purchases............................................................!744, 1827, 1955, 1957, 2395
HB 1908 --Towns County; probate court judge serve as chief magistrate..................................1744, 1827, 1955, 1958, 2395
HB 1909 --Avondale Estates, City of; corporate limits .................................................1744, 1827, 1955, 1958, 2686
HB 1910 --Hazelhurst, City of; sale of beer and wine...........................................!744, 1827, 1955, 1958, 2395
HB 1911 --Heard County; chief magistrate; compensation.....................................................1744, 1827, 1955, 1958, 2395
HB 1912 --Cobb County; vehicle registration; designated periods ............................................1745, 1827, 1955, 1959, 2396
HB 1913 --Griffin-Spalding County Development Authority; regulate management and conduct....................................1745, 1827, 1955, 1959, 2231, 2247
HB 1914 --Brantley County Development Authority; membership.............................................1745, 1827, 1955, 1959, 2428, 2463
HB 1915 --Smyrna, City of; ad valorem tax; homestead exemption......................................................................1745, 1827
HB 1916 --Griffin-Spalding County Anti-Drug Commission; control unlawful use...............................!826, 1954, 2077, 2078, 2428, 2477
HB 1917 --White County; ad valorem tax; homestead exemption.......................................!826, 1954, 2077, 2079, 2396
HB 1918 --White County; ad valorem tax; homestead exemption.......................................!827, 1954, 2077, 2080, 2396
HB 1919 --Probation for alcoholic beverage violations; install ignition interlock device .....................................................1953, 2076
HB 1920 --Stewart County Water and Sewerage Authority; create..................................................................-1827, 1954, 2077, 2078, 2396
HB 1921 --Motor vehicle franchise practices; definitions .........................................................................................2076, 2217
HB 1922 --Marietta, City of; corporate Iimits..........................l954, 2076, 2218, 2233, 2686 HB 1923 --Kennesaw, City of; corporate Iimits..................................l954, 2076, 2218, 2233 HB 1924 --Cobb County; board of commissioners;
certain contributions; prohibitions ..........................................................2388

PART III
HOUSE RESOLUTIONS
HR 12 --Other sources of revenue for local school systems; provide - CA............................................261, 552, 586
HR 13 --Alcohol or drug abuse; allocate money for treatment programs - CA .........................................................No Action
HR 14 --House After School Care Program Study Committee; create..................................................................................................No Action
HR 15 --House Teenage Pregnancy Study Committee; create .........................No Action HR 16 --State Constitution; create commission
to correct and revise - CA..............................................106, 205, 2116, 2268 HR 19 --Children and Youth Study Committee; create.....................................No Action HR 20 --Airport Authority Study Committee; create.........................................No Action HR 21 --Lead Poisoning Prevention Study Committee; create........................2076, 2275 HR 24 --Rules of House; amend............................................................................No Action HR 26 --State Board of Pardons and Paroles;
elect membership - CA....................................................................No Action HR 27 --Certain public officials; plurality of votes cast;
election - CA .....................................................................................No Action HR 28 --Fine, S. Mark; compensate......................................................................No Action HR 29 --Hartsfield-Atlanta International Airport
Noise Committee; recreate..............................................................No Action HR 30 --Georgia-Florida football game; urge change in site.............................No Action HR 41 --Tanner, L.; compensate............................................................................No Action HR 44 --Counties and municipalities; land use plans;
zoning power - CA............................................................................No Action HR 46 --A. L. "Al" Burruss Correctional Training Center;
designate............................................................................................No Action HR 54 --State lottery; provide - CA......................................................................No Action HR 63 --Counties and municipalities; multiyear contracts;
enact general law - CA..................................................................................53 HR 80 --Seat belts; encourage use.............................................................................247, 293 HR 81 --Local school systems; taxation;
other sources of revenue - CA........................................................No Action HR 83 --North Fulton County Incorporation Study Commission;
create..................................................................................................No Action HR 84 --Special sales and use tax; education
purposes; referendum - CA.............................................................No Action HR 95 --Joint Prefiling of Legislation Study Committee; create.....................No Action HR 97 --Boards of education; single member district - CA ..............................No Action HR 102 --Rules of House; amend Rule 52 .............................................................No Action HR 103 --Rules of House; amend Rule 52 .............................................................No Action HR 104 --Rules of House; amend Rule 50 .............................................................No Action HR 108 --Moseley, J. Brown; compensate..............................................................No Action HR 124 --Property Damage by Deer Study Committee; create..........................No Action

2870

INDEX

HR 126 --Women and Poverty Study Committee; create....................................No Action HR 127 --Child Pornography Study Committee; create ......................................No Action HR 129 --Pardon and parole; restrictions; certain sentence - CA......................No Action HR 131 --Initiative petition; power to
enact or reject - CA.........................................................................No Action HR 132 --Statewide grand juries; create - CA.......................................................No Action HR 147 --Kempton, Honorable Bessie; place portrait in State Capitol......................1386 HR 167 --Electric utilities; state ad valorem tax;
distribution - CA..............................................................................No Action HR 169 --Balanced budget; urge Federal Constitutional Convention ...............No Action HR 178 --College Tuition Prepayment Plan Study Committee; create.............No Action HR 185 --House Nursing Home Industry Study Committee; create .................No Action HR 187 --House Nursing Home Regulatory
Coordination Study Committee; create........................................No Action HR 190 --Walraven, Sheriff Wesley; commend and invite to House.................No Action HR 192 --Education, State Board; relative to .......................................................No Action HR 214 --Homelessness in Georgia Study Committee; create............................No Action HR 215 --Ash, Robert L.; invite to House..............................................................No Action HR 217 --Supplementary appropriations; vote required - CA............................No Action HR 221 --Property of electric utilities; state
ad valorem tax - CA........................................................................No Action HR 225 --County Consolidation Study Committee; create..................................No Action HR 226 --Commissioner of Insurance; appointment - CA...................................No Action HR 227 --School superintendents; appointment by board - CA.........................No Action HR 228 --Commissioner of Agriculture; appointment - CA................................No Action HR 229 --Commissioner of Labor; appointment - CA..........................................No Action HR 239 --Employment Security Administration Account; urge
Congress to release funds................................................................No Action HR 240 --Antique automobiles; ad valorem tax; maximum value - CA............No Action HR 241 --House of Representatives; amend rules ................................................No Action HR 266 --Nelson, Eulee C.; compensate.................................................................No Action HR 267 --King, Beth Kathleen; compensate..........................................................No Action HR 268 --Ham, Kenneth W.; compensate..............................................................No Action HR 269 --Rutter, Richard; compensate on behalf of
Valerie A. Rutter..............................................................................No Action HR 281 --Crime victims compensation; funding - CA..........................................No Action HR 282 --Congress; members'compensation;
ratify amendment to United States Constitution...................................582 HR 285 --Southern Railway Company; sublease
agreement with Tennessee Valley Railroad museum .................No Action HR 290 --Gibson, Donnie H.; compensate..............................................................No Action HR 291 --Needs of Visually Impaired Georgians Study Committee;
create..................................................................................................No Action HR 299 --Lotteries; delete prohibition provision - CA.........................................No Action HR 300 --Tax; certain income of states; urge amendment to United
States Constitution..........................................................................No Action HR 321 --Controlled substances violations; pardon or
parole prohibitions - CA.................................................................No Action HR 322 --Statewide, circuit-wide or regional grand juries;
create - CA ........................................................................................No Action HR 323 --Emergency medical services systems; support from certain
funds - CA.........................................................................................NO Action
HR 329 --Rural Economic Development Study Committee; create...................No Action
HR 342 --House Children's Mental Illness Study Committee; create...............No Action
HR 350 --Special Study Committee on Problems of Homeless; create .............No Action
HR 367 --Need for Family Life Instruction
in Public School Study Committee; create ..................................No Action

INDEX

2871

HR 368 --House Workers' Compensation Self-Insurance Solvency Study Committee; create................................................No Action
HR 369 --Housing Activities Study Committee; create........................................No Action HR 370 --Administrative Expenses of Education Study Committee;
create..................................................................................................No Action HR 372 --Herman Eugene Talmadge Monument Commission; create ...........64, 116, 673 HR 410 --House Artificial Reef Study Committee; create...................................No Action HR 416 --Sales tax; increase 2% statewide; education - CA...............................No Action HR 418 --House Foreign Language Study Committee; create ............................No Action HR 419 --Balanced budget; urge amendment to
United States Constitution.............................................................No Action HR 420 --Income tax form; designated contribution - CA..................................No Action HR 455 --Motor fuel tax proceeds; allocation - CA..............................................No Action HR 539 --Notify the Senate the House of Representatives has convened ......................29 HR 540 --Notify the Governor the General Assembly has convened ........................29, 44 HR 541 --Relative to the House of Representatives officials and staff...........................30 HR 542 --Rules of the House; adopt.....................................................................................33 HR 543 --Joint Session; Governor's message.................................................................34, 51 HR 544 --Joint Session; Governor's message;
invite Justices and Judges ......................................................................35, 51 HR 545 --Joint Session; Chief Justice of
Supreme Court message..........................................................................35, 51 HR 546 --Counties; delegation of zoning powers - CA........................42, 49, 162, 676, 990 HR 547 --Underwood, Roger L.; compensate .....................................42, 49, 855, 994, 2399 HR 548 --Radon Gas Study Committee; create........................................42, 49, 1602, 2373 HR 549 --Kenneth McCarthy Bridge; designate..................................42, 49, 90, 590, 1752 HR 550 --Commissioner of Education; create office - CA...........................................43, 49 HR 551 --Moore's Mill Bridge; designate..............................................48, 64, 90, 122, 1752 HR 552 --Seed-Capital Fund; create - CA........................................48, 64, 569, 1110, 1720 HR 553 --Australian Federal Parliament; invite to House ...................................52, 64, 91 HR 554 --Chatham County Homestead Exemption
Study Committee; create ........................................................................63, 89 HR 555 --Bramlett, Kim; commend......................................................................................52 HR 556 --Godfrey, James W., Sr.; condolences ...................................................................52 HR 557 --Perkins, Sheppard E. "Zeke"; condolences.........................................................52 HR 558 --Hall, Coach William; commend ............................................................................52 HR 559 --West, Dot; commend ..............................................................................................52 HR 560 --Murrayville Lodge #30; commend .......................................................................52 HR 561 --Ridgeway, David P., Sr.; commend......................................................................52 HR 562 --Mize, Larry; commend...........................................................................................52 HR 563 --Walker, Homer J.; commend.................................................................................52 HR 564 --Gardner, Juanita Harris; commend......................................................................52 HR 565 --Medical College of Georgia; commend................................................52, 113, 114 HR 566 --Sims, Mary L. Ford; commend .............................................................................53 HR 567 --Moore family reunion; commend..........................................................................53 HR 568 --Washington Park School; commend ....................................................................53 HR 569 --Heard County Lions Club; commend ..................................................................53 HR 570 --Urge Congress; amend tax laws
on certain nongasoline fuels.........................................................53, 201, 590 HR 571 --Tangible personal property; separate
class for ad valorem tax..........................................................................63, 89 HR 572 --Homeless Children and Street
Prostitution Study Committee; create .............................63, 89, 1828, 1993
HR 573 --Harden, Greg; compensate ...............................................87, 106, 855, 1002, 2399
HR 574 --State Operated Workers' Compensation
Insurance Funds; create Joint Study Committee .............................87, 106
HR 575 --Superior courts; jurisdiction;

2872

INDEX

family violence cases - CA....................................................................87, 106 HR 576 --King, Coretta Scott; commend .............................................................................69 HR 577 --Bartow County; convey property ......................................87, 106, 438, 551, 1044 HR 578 --Hamilton County - Chattanooga, Tennessee;
convey certain property.............................................88, 106, 438, 591, 1753 HR 579 --Stephens County; lease certain
property........................................................................88, 106, 438, 599, 1183 HR 580 --House Postsecondary Vocational Educational Laboratory,
Equipment, and Library Research Needs Study Committee; create..................................................88, 106, 2218, 2604 HR 581 --Reidsville; convey property to Tattnall County Board of Education.......................88, 106, 438, 530, 1045 HR 582 --Worth County High School "Rams"; commend.................................................91 HR 583 --Miller, Coach Milt; commend...............................................................................91 HR 584 --Hospitals; state to make loans - CA............................................................88, 106 HR 585 --Gordon County; convey property to Clifford W. Smith................................................105, 161, 438, 601, 1753 HR 586 --Joint Services for Aged Study Committee; create...................................105, 161 HR 587 --State Housing Trust Fund; provide - CA..................105, 161, 1029, 1696, 2229 HR 588 --Callaway, Angie; compensate.......................................!05, 161, 1029, 1150, 2399 HR 589 --University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create................................................!05, 161, 1746, 1848 HR 590 --Jasper T. Copelan Bridge; designate..............................158, 200, 622, 771, 1753 HR 591 --Atlanta; lease of property.................................................!58, 200, 438, 591, 1328 HR 592 --Gwinnett County; urge board of commissioners to create Citizens' Planning Task Force..................................l09, 856, 857 HR 593 --Seat belts; posting signs promoting usage ........................................................113 HR 594 --Kinnett, John Robertson; condolences..............................................................109 HR 595 --University of Georgia women's gymnastics team; commend .........................109 HR 596 --Knapp, Dr Charles B.; invite to House.............................................................110 HR 597 --Torrence, Gwen; commend..................................................................................HO HR 598 --University of Georgia volleyball team; commend............................................110 HR 599 --Wener, Lucy; commend .......................................................................................110 HR 600 --University of Georgia; athletic accomplishments; commend .........................110 HR 601 --University of Georgia men's tennis team; commend.......................................110 HR 602 --University of Georgia women's tennis team; commend..................................110 HR 603 --University of Georgia athletes; academic achievements; commend........................................................................................................110 HR 604 --University of Georgia baseball team; commend...............................................110 HR 605 --McClain, Katrina; commend...............................................................................110 HR 606 --Moss, Chief William M.; commend....................................................................HO HR 607 --Bainbridge High School Bearcat Band; commend..................................lll, 203 HR 608 --Marshall, Dr George 0., Jr.; commend..............................................................lll HR 609 --Brumby, Jean; commend upon retirement.......................................................Ill HR 610 --Hardigree, Donald; commend..............................................................................Ill HR 611 --Bourne, Dr. Henry Clark, Jr.; commend...........................................................lll HR 612 --Williams, Theodore Vernon; condolences.........................................................Ill HR 613 --Horton, Ivey Danette; commend........................................................................Ill HR 614 --Howard, Jimmy; commend..................................................................................Ill HR 615 --Smith, Buffi St. Jil; commend............................................................................Ill HR 616 --Sims, Gregg Stuart; commend............................................................................Ill
HR 617 --Lee, David L.; condolences..................................................................................lll
HR 618 --Wigley, James D.; condolences ...........................................................................111
HR 619 --Big Haynes and Alcovy Watershed Protection
Study Committee; create.........................................158, 200, 745, 895, 1752
HR 620 --Forest Hays, Jr. Correctional

INDEX

2873

Institution; designate................................................!59, 200, 438, 592, 1045 HR 621 --Winder; annexation of state property ..........................199, 259, 949, 1002, 1841 HR 622 --Crecine, Dr. John Patrick; invite to House......................................l64, 202, 209 HR 623 --Bourne, Dr. Henry Clark, Jr.; invite to House ................................164, 202, 209 HR 624 --Tootle, Renee; commend and invite to House.................................l64, 202, 521 HR 625 --Brooks, Gregory Steven; invite to House .........................................164, 202, 521 HR 626 --Special service districts; temporary
loans - CA...........................................................................199, 259, 632, 1624 HR 627 --Bartow County; convey property ....................................199, 259, 438, 552, 1328 HR 628 --Property Assessment in Chatham
County; create committee..............................................l99, 259, 301, 301, 745 HR 629 --Meeks, Heather; invite to House........................................................................l79 HR 630 --Southwest Georgia Academy Warriors football team; commend ..................179 HR 631 --Floyd, James H. "Sloppy"; place
bust in the Floyd Building ......................................199, 259, 567, 649, 1753 HR 632 --Prisoners of War; urge Congress secure return........................................182, 273 HR 633 --Law enforcement; urge family violence in training program.........................182 HR 634 --Litter control; urge intensified enforcement.....................................................182 HR 635 --Alzheimer's Disease; placement of
patients; urge certain study ........................................................................182 HR 636 --Georgia Citizens for the Arts; commend ...........................................................182 HR 637 --Blackwell, Reed; condolences..............................................................................!82 HR 638 --Crecine, Dr. John Patrick; commend.................................................................l82 HR 639 --Wilkinson, Carl C. ST.; condolences...................................................................182 HR 640 --DeKalb Chamber of Commerce; commend.......................................................182 HR 641 --Conservation district supervisor; commend......................................................183 HR 642 --Davis, Honorable James R.; condolences ..........................................................183 HR 643 --Bolden, Willie; commend.....................................................................................l83 HR 644 --Sixteenth Annual Firemen's Recognition Day; commend ..............................183 HR 645 --Roberts, Ted; commend.......................................................................................!83 HR 646 --Todd, Hal; commend............................................................................................l83 HR 647 --Smith, Honorable Milton Morton; condolences...............................................!83 HR 648 --Hospital Volunteer Day, February 4, 1988;
commend volunteers............................................................................!83, 273 HR 649 --Soil and Water Conservation; commend...................................................l83, 745 HR 650 --Conservation district supervisors; commend ....................................................183 HR 651 --Girl Scouts Gold Award honorees; commend...................................................183 HR 652 --Chatham County Homestead Exemption
Study Commission; create.......................................199, 259, 301, 303, 2229 HR 653 --Dalton; restrictions on use of
certain property; release ..........................................200, 259, 438, 601, 1753 HR 654 --Hart, Calvin; compensate............................................................................200, 259 HR 655 --Saponari, Mary E.; compensate..................................................................200, 259 HR 656 --Coca-Cola World Chorus; invite to House .......................................200, 202, 521 HR 657 --Wilkerson, Vicky Kay; compensate ...........................................................257, 300 HR 658 --Gay, Ms. Queen Ester; compensate ...........................................................257, 300 HR 659 --Export Finance Fund; create - CA...............................257, 300, 793, 1151, 1753 HR 660 --Simmons, Joe D; compensate .....................................................................257, 300 HR 661 --Motor fuel tax; urge Congress
to take certain action ...............................................258, 300, 438, 601, 1753 HR 662 --Owens, Gregory Bruce; commend ......................................................275, 438, 521 HR 663 --Cobb County Commission on Children and Youth; create....................258, 300
HR 664 --Vietnam Memorial; erect on
grounds of Floyd Building.....................................297, 437, 949, 1105, 1721
HR 665 --State Board of Education; membership; - CA ....................297, 437, 1383, 1641
HR 666 --Morrow High School varsity football
team; invite to House .........................................................306, 438, 521, 582

2874

INDEX

HR 667 --James, Lawrence Howard; in memory...............................................................402 HR 668 --Crim, Dr. Alonzo A.; commend...........................................................................402 HR 669 --Georgia Recreation and Park Society; commend.............................................402 HR 670 --Carpenter, Cris; commend...................................................................................402 HR 671 --Preston, John Troy, IV; commend.....................................................................402 HR 672 --Flotilla 25, Second Division, Seventh District,
United States Coast Guard Auxiliary; commend....................................402 HR 673 --Duncan, Frances S.; speedy recovery.................................................................402 HR 674 --Veterans Administration National salute
to hospitalized veterans; commend............................................................402 HR 675 --Catoosa County Area Chamber of Commerce; commend...............................402 HR 676 --Greenblatt, Dr Robert B.; condolences..............................................................402 HR 677 --Bullington, R. M. (Bob); commend....................................................................403 HR 678 --Harrison, Honorable Carl; commend .................................................................403 HR 679 --Benton, Mary S.; commend.................................................................................403 HR 680 --Beazley, Linda; commend....................................................................................403 HR 681 --Stephens, Kim; commend....................................................................................403 HR 682 --Wiley, Susan; commend.......................................................................................403 HR 683 --Fletcher, Jan; commend.......................................................................................403 HR 684 --Deal, Mary Emily; commend ..............................................................................403 HR 685 --Parker, April; commend.......................................................................................403 HR 686 --Ayers, Patti; commend.........................................................................................403 HR 687 --Shearouse, Heather; commend............................................................................403 HR 688 --Hurt, Susan; commend.........................................................................................403 HR 689 --Sirmans, Jill; commend........................................................................................403 HR 690 --Heidt, Rebecca; commend ...................................................................................404 HR 691 --Hardigree, Holly; commend.................................................................................404 HR 692 --Black, Tonya; commend.......................................................................................404 HR 693 --Pannell, Leslie; commend....................................................................................404 HR 694 --4-H Clubs of Georgia; commend ........................................................................404 HR 695 --1987 Central of Carrollton Lions football team;
commend.......................................................................................404, 438, 521 HR 696 --George T. Bagby State Park; naming ..................299, 437, 568, 649, 1044, 1185 HR 697 --College savings bond; General Assembly provide - CA..........................299, 437 HR 698 --State lottery; provide - CA..........................................................................436, 487 HR 699 --Childs, Honorable Peggy; place portrait
in Legislative Office Building..........................................436, 487, 981, 1050 HR 700 --Gore, Honorable Albert, Jr.;
welcome and invite to House.....................................................445, 488, 521 HR 701 --Woodard, John and Nellapha; commend on 50th anniversary......................445 HR 702 --Gordon County; leasing state owned property........................................485, 542,
568, 694, 1753 HR 703 --Rules of House; amend Rules 6 and 7 ..............................................485, 542, 545 HR 704 --Shelton, Charlotte; invite to House...................................................455, 545, 587 HR 705 --Miller, Rebecca Jane; compensation.....................................485, 542, 1313, 1417 HR 706 --Cobb, Willie B., Jr.; compensate................................................................485, 542 HR 707 --Helena; grant easement; water service facilities .....................................485, 542,
949, 1108, 1968 HR 708 --Chieftains Trail; designation.....................................................541, 566, 622, 843,
1752, 1773, 1941 HR 709 --University System of Georgia Outstanding Scholars
on Academic Recognition Day; commend ................................................520
HR 710 --Home, Honorable Sherrard; condolences..........................................................520
HR 711 --Blair, James R.; condolences...............................................................................520
HR 712 --"National Burn Awareness Week"; recognize ..................................................520
HR 713 --East Cobb Astros and Coach Guerry Baldwin; commend..............................520
HR 714 --Nashville Middle School; commend...................................................................520

INDEX

2875

HR 715 --Sledge, Eva Ann; commend.................................................................................520 HR 716 --Rowden, John Thomas, Sr.; commend..............................................................520 HR 717 --Grubbs, Robert R.; commend .............................................................................520 HR 718 --Urge Educational Finance Subcommittee
to study teacher salary levels .....................................................................521 HR 719 --Cherry Blossom Festival in Macon;
commend certain persons ...........................................................521, 545, 587 HR 720 --W. L. "Pug" Mabry Highway;
designate in Roswell.................................................541, 566, 622, 847, 1328 HR 721 --Housing; accessibility to disabled or elderly
persons; urge construction...............................565, 620, 695, 855, 968, 2229 HR 722 --Evans, Honorable David C.; invite to House...............................560, 1030, 1113 HR 723 --Ad valorem tax for education; reduction in
county with special sales tax - CA....................................................565, 620 HR 724 --Special sales tax for education; county board
of education issue revenue bonds - CA............................................565, 620 HR 725 --William H. Freeman Memorial Bridge; designate..................................565, 620,
622, 883, 1619 HR 726 --Georgia State University College of Law
moot court team; invite to House.............................................586, 628, 628 HR 727 --Godsey, R. Kirby, President of Mercer
University; invite to House........................................................586, 707, 793 HR 728 --Worth County High School Rams football team;
Miller, Coach Milt; invite to House ..................................................586, 794 HR 729 --Wright, Gary and Stipe, Eric; invite to House ................................587, 707, 794 HR 730 --Joint Committee to Study the Proposed Exchange of
Property from Skidaway Island State Park to Union Camp Corporation; create..................................................619, 669 HR 731 --State Offices and Facilities Study Committee; create....................................................619, 669, 707, 769 HR 732 --Houck, Chief Ronald; commend.........................................................................598 HR 733 --Land, Honorable John H.; commend.................................................................598 HR 734 --Fowler, Robert D.; commend ..............................................................................598 HR 735 --Berry, Lynn; commend.........................................................................................598 HR 736 --Mitchell, Robert Alan; commend .......................................................................598 HR 737 --Rowland, Charlie; commend................................................................................598 HR 738 --"Good Eating in Georgia" menu................................................................598, 674 HR 739 --Payton, Donald E.; commend.............................................................................598 HR 740 --Dodd, Marie W.; commend .................................................................................598 HR 741 --Bell, Honorable Thomas W.; commend.............................................................598 HR 742 --State of South Carolina; waterfowl hunting license; reciprocity.........................................................................598 HR 743 --Piland, Mr. and Mrs. Keith and daughters, Kristin and Ashley; commend ....................................................................599 HR 744 --Georgia Police Academy; urge advanced training for domestic violence....................................................................599 HR 745 --Williams, Jean Carolyn; invite to House ......................................599, 1176, 1223 HR 746 --Relative to certain state property..................................620, 669, 707, 927, 1968,
1985, 2231, 2252, 2392, 2620 HR 747 --Savannah River Scenic Highway; designate ............................................668, 706,
909, 1003, 1753 HR 748 --Local governments; effective date of Act
increasing expenditure - CA ....................................................669, 706, 1030
HR 749 --Prince, Jack and Delta Y Corporation;
compensate.....................................................................706, 1313, 1418, 2399
HR 750 --Georgia Amateur Athletics Foundation; commend.................................676, 714
HR 751 --Moreland, Honorable Thomas D.; commend....................................................694

2876

INDEX

HR 752 --Board of Regents of the University System of Georgia; commend ................................................699, 1125, 1410
HR 753 --Georgia Parents Teachers Association; commend ...........................................699 HR 754 --Crim, Dr Alonzo A.; invite to House.............................................718, 1608, 1658 HR 755 --House of Representatives; amend rules............................................718, 856, 973 HR 756 --Chatham County; conveyance of certain property
owned by State of Georgia ..................................744, 854, 1246, 1361, 1841 HR 757 --House Alternative Revenue Sources
Study Committee; create ....................................................................744, 854 HR 758 --Youth Assembly officials; commend ..................................................................739 HR 759 --Hooker, Brian Casey; invite to House ..........................................718, 1176, 1298 HR 760 --Georgia Farm Bureau Day; proclaim
February 10, 1988.........................................................................................756 HR 761 --United States Interagency Committee;
urge action on Georgia tobacco..................................................................756 HR 762 --Jackson, Reverend Jesse; invite to House......................................771, 908, 1298 HR 763 --Canton Lodge No. 2129 of the Loyal
Order of Moose; commend..........................................................................794 HR 764 --"Good Eating in Georgia"; menu...............................................................794, 917 HR 765 --Antley, Mr. Shuler B.; commend........................................................................794 HR 766 --Dixon, Sonny; commend ......................................................................................794 HR 767 --Collins, Dr. William Erie; commend ..................................................................794 HR 768 --Malone, Mr. and Mrs. J. E. commend...............................................................794 HR 769 --White, Sandy Ann; Leadership Award; commend...........................................794 HR 770 --Black, James Edward; commend........................................................................794 HR 771 --Walraven, Wesley; commend...............................................................................794 HR 772 --Skandalakis, Dr. John E.; commend..................................................................795 HR 773 --Savannah-Chatham County; investigate
local government reorganization ................................................................795 HR 774 --Georgia Fraternal Order of Police; commend...................................................841 HR 775 --Smith, Lonnie; condolences.................................................................................841 HR 776 --Public buildings; renaming;
certain prohibitions - CA....................................................................853, 907 HR 777 --Rogers, Curtis; compensation.................................................854, 907, 1313, 1418 HR 778 --Tennessee Valley Authority reservoir system;
proposed reassessment of changes..................................854, 907, 949, 1411 HR 779 --Senior Georgians' Day; designate
February 11, 1988................................................................................ 890, 917 HR 780 --House Paraprofessional Teacher Assistants and
Education Secretaries Study Committee; create.............................907, 948 HR 781 --Emerging crops loan fund; create - CA.....................................................854, 907 HR 782 --Edwards, Hallie Ward; congratulate..................................................................901 HR 783 --Northwest Georgia Regional Hospital;
designate certain centers................................................907, 948, 1167, 1237 HR 784 --White, Sandy Ann; 1987 Georgia Occupational Award
of Leadership recipient; invite to House .................................918, 926, 928 HR 785 --Joint Medicaid Study Committee; create .................................................907, 948 HR 786 --Governor; prohibit succeeding himself - CA............................................947, 980 HR 787 --Joint Study Committee on Handling and
Disposal of Solid Waste; recreate......................................................947, 980 HR 788 --Anderson, Major General (Ret) Thurman E.; commend...............................938 HR 789 --Public Television and Arrive Alive Georgia; commend ..................................938
HR 790 --Governor's Growth Strategies Commission;
recognize impact of veterans ......................................................................938
HR 791 --Dundee Mills, Inc of Griffin, Georgia;
recognize 100th anniversary........................................................................944
HR 792 --Industrial areas; removal of property

INDEX

2877

for rights of way - CA..........................................947, 980, 1245, 1363, 2087 HR 793 --Strickland, Lorraine; compensate..........................................947, 980, 1313, 1419 HR 794 --B. T. Parks Memorial Bridge; designate ...................947, 980, 1177, 1265, 2087 HR 795 --England, Charles W.; compensate.............................................................^?, 980 HR 796 --Stephens, Kim; invite to House .......................................................962, 981, 1001 HR 797 --Adjourn 2/12/88; reconvene 2/15/88 ..........................................................972, 976 HR 798 --Constitution Day; designate................................................................................975 HR 799 --Marietta State Properties
Commission; new lease.......................................980, 1028, 1246, 1343, 1841 HR 800 --Benjamin M. Garfunkel Bridge; designate ......................1027, 1123, 1177, 1297 HR 801 --Chatham County; urge board of commissioners to grant
tax relief to elderly ..................................................................989, 1124, 1143 HR 802 --Women of Georgia Power; commend.................................................................989 HR 803 --Harwell, Dr. Jack; commend.............................................................................1001 HR 804 --Anderson, Dr. Benjamin S.,Jr.; commend.......................................................1001 HR 805 --Sellers, Robert B.; honor and commend .........................................................1001 HR 806 --Goldstein, Dr. Marvin C.; commend................................................................1001 HR 807 --Cherokee County School System; commend...................................................l001 HR 808 --Moore, Fred and Locust Grove Police Department; commend...................1001 HR 809 --Lanier County Take Pride In America Committee; commend....................1001 HR 810 --AIDS; urging an educational
curriculum to encourage prevention........................................................1001 HR 811 --Richmond County; convey certain property..........................................980, 1028,
1386, 1521, 2087 HR 812 --House Vehicle Weight Study committee; create .................................1027, 1123 HR 813 --Dole, Honorable Robert; invite to House...................................l046, 1124, 1298 HR 814 --Isakson, Honorable Johnny; commend............................................................1046 HR 815 --House Agricultural Assistance Study Committee; create...................1123, 1175 HR 816 --McEver, Jim; commend.....................................................................................1104 HR 817 --Hughes, Karen; commend..................................................................................H04 HR 818 --Webb, Lillian, Chairman of Gwinnett
County Commission; commend................................................................! 104 HR 819 --DuBois, Willie D. O'Kelly; commend..............................................................1104 HR 820 --Hunting and fishing; urge multiple license..........................................1104, 1429 HR 821 --J. Strom Thurmond Lake; urge redesignation
as Clarks Hill Lake................................................................ll04, 1955, 2200 HR 822 --Arasi, Tony; commend .......................................................................................1113 HR 823 --House Chattahoochee Valley Indian
Heritage Study Committee; create...........................1174, 1244, 1746, 1900 HR 824 --Service Corps of Retired Executives; commend.............................................1167 HR 825 --Georgia reservoir projects; recognize benefits ................................................1213 HR 826 --Georgia Air National Guard; commend...........................................................l213 HR 827 --Westville Historic Handicrafts; commend ......................................................1213 HR 828 --Creek Indian heritage of the Chattahoochee Valley; commend ..................1213 HR 829 --House School System Size Study Committee; create.........................1174, 1244 HR 830 --Duvall, Dr. Tal C.; invite to House.............................................1185, 1385, 1429 HR 831 --Forest Hays, Jr. Memorial Highway; designate.........................ll?5, 1244, 1315 HR 832 --Trooper First Class Mickey Little of the
Georgia State Patrol; invite to House................................1185, 1385, 1429 HR 833 --LaBoon, Joe T.; commend ............................................................1213, 1385, 1423 HR 834 --Curry, Jimmy; commend....................................................................................l213 HR 835 --Lincoln County High School Red Devils
football team; invite to House.............................................1223, 1314, 1429
HR 836 --Cook High School wrestling team; commend.................................................1257
HR 837 --Tubb, William Jackson; invite to House....................................1257, 1385, 1429
HR 838 --Gresham, Mayor Emma, city council and
citizens of Keysville; commend ................................................................1257

2878

INDEX

HR 839 --Grubbs, Robert R.; invite to House ............................................1259, 1828, 1862 HR 840 --House Nursing Home Industry Study Committee; create .................1244, 1313 HR 841 --Transportation, Department of; vehicles for
nonprofit agency; certain exemptions.................................1244, 1313, 1602 HR 842 --Alimony or child support;
modification; jurisdiction - CA......................................................1244, 1313 HR 843 --Postsecondary Vocational Education;
train nursing home assistants........................................................1244, 1313 HR 844 --Wall, Honorable Vinson; commend..................................................................l301 HR 845 --Williams, Honorable Betty Jo; commend .......................................................1301 HR 846 --Lee, Honorable George S.; condolences...........................................................1301 HR 847 --Broome, Hugh D.; commend.............................................................................1301 HR 848 --Scott, Herschel; commend .................................................................................1301 HR 849 --Thaxton, James Aubrey "Orbie"; commend...................................................l301 HR 850 --Pierce, Mr. and Mrs. H. G., Jr.; commend.....................................................1301 HR 851 --Walker, Henry 0.; condolences.........................................................................!301 HR 852 --Rush, Dewey Devant; commend.......................................................................1301 HR 853 --Lumpkin County Sheriff Kenneth Seabold; commend.................................l301 HR 854 --National Wild Turkey Federation; commend ................................................1301 HR 855 --Slosheye Trail Big Pig Jig; recognize
as state barbecue contest ..........................................................................1301 HR 856 --Jackson, Luvenia; commend..............................................................................!302 HR 857 --Smith, Robyn; commend.............,......................................................................1302 HR 858 --Scott, Mable Thomas; condolences..................................................................1302 HR 859 --Homeowners' Alliance of Greater
Gwinnett and Jim Woolen; commend.....................................................1302 HR 860 --Effingham County High School Rebels football team; commend...............l302 HR 861 --Gober, Joseph Cleveland; commend ................................................................1302 HR 862 --Little, Trooper First Class Mickey; commend ...............................................1302 HR 863 --Tubb, William Jackson; commend...................................................................1302 HR 864 --Hammock, David; commend .............................................................................1302 HR 865 --Pruett, Esther; commend...................................................................................!302 HR 866 --Ridgway, Honorable Judge Thomas W.; commend.......................................1302 HR 867 --Smith, Glennie; commend .................................................................................1302 HR 868 --Avera, Wilbur; commend ...................................................................................1302 HR 869 --Cranford, Honorable Clifford A.; condolences ...............................................1303 HR 870 --Native Americans; urge Congressional delegation
action regarding certain discrimination..................................................l303 HR 871 --Alien, Anne-Marie; commend ...........................................................................1303 HR 872 --Stevens, Glenda; commend................................................................................l303 HR 873 --Hightower, George H, Sr.; commend ...............................................................1303 HR 874 --Brown, Harvey R.; commend ............................................................................1303 HR 875 --Baskin, James; commend...................................................................................l303 HR 876 --Rhodes Memorial Hall; extend rental agreement.................,..............1312, 1383 HR 877 --Amicalola Falls; conveyance of property
by United States Forest Service.....................l312, 1383, 1386, 1521, 2230 HR 878 --College Savings Bonds Study Committee; create................................!312, 1383 HR 879 --Joint Governmental Organization
Study Committee; create ................................................................1312, 1383 HR 880 --Lamb, Harold Reyford "Ray"; commend........................................................!378 HR 881 --Shirley, Wilmer H.; condolences.......................................................................l429 HR 882 --Ayer, Jerry; commend........................................................................................1429
HR 883 --Brooks, Mose, Jr.; condolences.........................................................................1429
HR 884 --Key, Lucille W.; condolences ............................................................................1429
HR 885 --Stripling, C. M. and Bernice; commend..........................................................!430
HR 886 --Rampy, Donna; commend..................................................................................1430
HR 887 --East Clayton Elementary School; commend

INDEX

2879

Celebration of Writing...............................................................................1430 HR 888 --Daley, Charles S.; condolences..........................................................................!430 HR 889 --Wyatt, G. Larry; commend................................................................................!430 HR 890 --Connell, Wessie G.; commend...........................................................................!430 HR 891 --Joint Agrirama Study Committee; create.............................................1382, 1501 HR 892 --Judicial officers; appointed to elective office - CA .............................1382, 1501 HR 893 --Marr, Patricia, National Middle School
Counselor of the Year; commend.............................................................!497 HR 894 --Wilson, Sharon Ann, National Elementary School
Counselor of the Year; commend.............................................................1497 HR 895 --Lassiter High School Marching Trojan Band; commend.............................1497 HR 896 --Jerles, Kelly; Miss Georgia 1987;
invite to House.......................................................................l522, 1608, 1658 HR 897 --Tax Reform Act of 1986; certain costs to farmers; urge
amendment to United States Constitution .......................1565, 1608, 1729 HR 898 --State employees' health insurance; urge
participation for retired teachers.............................................................1565 HR 899 --Sope Creek Elementary School; commend .....................................................1565 HR 900 --Dodgen Middle School; commend...............................................................-....1566 HR 901 --United Way of The Coastal Empire, Inc.; commend....................................1566 HR 902 --Cummings, Irma B.; commend .........................................................................1566 HR 903 --House J. Strom Thurmond Lake Study Committee; create..............!500, 1607 HR 904 --J. Strom Thurmond Lake; urge Congress to add
water conservation to certain list .............................1500, 1607, 1746, 1874 HR 905 --General Courtney Hicks Hodges Building; place
plaque at entrance of building..................................1500, 1607, 1608, 1737 HR 906 --Brunswick; birthplace of Brunswick stew; recognize.....................................1623 HR 907 --Manis, Howard Brett; commend ......................................................................1659 HR 908 --Cockfield, Chris Virginia; commend ................................................................1659 HR 909 --Baggett, McMillan C.; commend......................................................................l659 HR 910 --Georgia Association of Nurse Anesthetists; recognize...................................1659 HR 911 --Altman, Eston; commend..................................................................................1659 HR 912 --Dunn, Elle; sixteenth birthday .........................................................................1659 HR 913 --Spencer, Bill; commend.....................................................................................1659 HR 914 --Marvin Devane Farms; commend.....................................................................1659 HR 915 --Hutto, John; condolences...................................................................................!659 HR 916 --Moore, Duncan; commend.......................................................................l659, 1841 HR 917 --Amberley Motel; commend ...............................................................................1659 HR 918 --Hobbs, Hubert; condolences..............................................................................!659 HR 919 --Ford, Cornelius; condolences.............................................................................!660 HR 920 --Byrd, Roger; commend.......................................................................................l660 HR 921 --Castleberry's Food; commend...........................................................................1660 HR 922 --Hickey, Judson C.; commend............................................................................l660 HR 923 --Race, Tommie; commend...................................................................................l668
HR 924 --Rabun County; urge lease of certain property by Agriculture Commissioner..............................l668, 1792, 1875
HR 925 --Adams, Wilburn M.; commend.........................................................................l668 HR 926 --Gingrich, Honorable Newt; invite to House...............................l721, 1722, 1723 HR 927 --Childers, Honorable E. M. "Buddy"; commend ............................................1732
HR 928 --DeKalb County Homestead Exemptions Study Committee; create............................................!745, 1827, 2446, 2653
HR 929 --Hamrick, Honorable William Earl; invite to House .................1788, 1828, 1862
HR 930 --Farm accident emergency training; urge Department
of Human Resources to develop program..........................!789, 1827, 2287
HR 931 --Quality Basic Education; certain counseling
services; urge review...................................................................................!789
HR 932 --Jones, Mary Eunice; commend.........................................................................1789

2880

INDEX

HR 933 --Portman, John C., Jr.; commend......................................................................!789 HR 934 --Cox, Walter E.; commend..................................................................................!789 HR 935 --Clinch County High School Pantherettes
basketball team; commend.......................................................................1790 HR 936 --Berry, Honorable Charles; condolences...........................................................1790 HR 937 --Clinch County High School Panthers
basketball team; commend .......................................................................1790 HR 938 --Clinch County High School Panthers
baseball team; commend ...........................................................................1790 HR 939 --Walnut Grove Youth Water Authority; commend........................................1790 HR 940 --Smith, Richard Russell; condolences...............................................................1790 HR 941 --Brooks, Glenda Nix; commend.........................................................................1790 HR 942 --Bassett, William P.; condolences ......................................................................1790 HR 943 --Morris, Thomas, Jr.; commend.........................................................................l790 HR 944 --Washington, Gloria Bibb; commend................................................................1790 HR 945 --Walker, Henry James; condolences............................................................,.....1790 HR 946 --Carrollton High School Debate team; commend ...........................................1790 HR 947 --Smith, Sancil; congratulate on 101st birthday...............................................1790 HR 948 --Cowart, Darin; commend ...................................................................................1791 HR 949 --Meadows, Linda; commend...............................................................................1791 HR 950 --Newton, Pamela Croy; commend .....................................................................1791 HR 951 --Spencer, Charles Alonzo; condolences.............................................................1791 HR 952 --Ford, George, Jr.; commend..............................................................................1791 HR 953 --Lake Lanier water supply; protection..............................................................!791 HR 954 --Conservation and protection of water supply;
urge Congressional delegation action......................................................1791 HR 955 --Solid Waste-Energy Study Committee; create.....................................!745, 1827 HR 956 --Adams, George Drayton; commend..................................................................1859 HR 957 --Smith, James D.; commend...............................................................................1861 HR 958 --Massey, Abit; Gainesville Rotary Club
Man of the Year; commend......................................................................1861 HR 959 --Sawyer, Jean Osborn; Gainesville Rotary Club
Woman of the Year; commend................................................................1861 HR 960 --Rogers, Elizabeth B.; condolences....................................................................!861 HR 961 --Davis, Mrs. Thelma W.; commend...................................................................l861 HR 962 --Roberts, Kathryn Fouche; condolences...........................................................1861 HR 963 --Ayers, Ralph H.; commend................................................................................!862 HR 964 --Cherokees of Georgia Intertribal Council, Inc.; commend ...........................1862 HR 965 --Childs, Honorable Peggy M.; condolences......................................................1862 HR 966 --Wildes Family Massacre; recognize 150th anniversary.................................1862 HR 967 --Cotton, Mr. and Mrs. Pledger Dillard;
67th wedding anniversary; commend ......................................................1862 HR 968 --Roach, Jimmy and members of Cub Scout
Troop of White County; commend..........................................................1862 HR 969 --Native Americans in Georgia Day; proclaim
March 19, 1988...........................................................................................1862 HR 970 --House State Parks Study Committee; create.......................................!827, 1954 HR 971 --Sutton, Dr. Thomas Bridges; condolences ......................................................1970 HR 972 --Loftin, Jerry W.; commend...............................................................................1970 HR 973 --House Pari-mutuel and Lottery Wagering
Study Committee; create............................................!953, 2076, 2218, 2574 HR 974 --Georgia Christian School Generals
basketball team; commend.......................................................................1996
HR 975 --Garfunkel, Benjamin M.; condolences.............................................................1996
HR 976 --Weiss, Stanley M., Sr.; commend..............................................................,......1996
HR 977 --Prisoner of war and missing in action
flag; urge display ........................................................................................1996

INDEX

2881

HR 978 --HR 303; now pending in United States House of Representatives; express support........................................................1996
HR 979 --Georgia tobacco; urge Japan Tobacco, Inc. to purchase........................................................................................l996, 2686
HR 980 --Slosheye Trail Big Pig Jig; recognize as greatest barbecue contest.....................................................................1996
HR 981 --Carter, Mr. and Mrs. Louis Everett; congratulate...........-.............................1996 HR 982 --Talbot, Bishop Frederick Hilborn; commend.................................................!996 HR 983 --Means, James A.; commend ..............................................................................1996 HR 984 --Pope, Mrs. Sara; commend................................................................................!997 HR 985 --Ruiz, Mr. Berkley commend .............................................................................1997 HR 986 --Matthews, Rachel Elizabeth; commend ..........................................................1997 HR 987 --Keys, Mr. Brady, Jr.; commend........................................................................!997 HR 988 --Nations, Ms. Lynda; commend.........................................................................!997 HR 989 --Mt. Vernon Christian School Crusaders varsity
basketball team; commend .......................................................................1997 HR 990 --Mt. Vernon Christian School Crusaders junior
varsity basketball team; commend ..........................................................1997 HR 991 --Watson, Shawn; commend.................................................................................!997 HR 992 --Jablow, Leslie; commend ...................................................................................1997 HR 993 --Effingham County High School academic
decathlon team; commend ........................................................................1997 HR 994 --Head, Ed; commend ...........................................................................................1997 HR 995 --Thomas, Reverend George W.; commend .......................................................1997 HR 996 --Domain, Abe; commend.....................................................................................l997 HR 997 --Eason, Michael M.; commend...........................................................................!998 HR 998 --Vickers, Mr. and Mrs. Howard Carlton; commend .......................................1998 HR 999 --Mathis, Glynn; recognizing................................................................................l998 HR 1000 --Lilburn; commend police department .............................................................1998 HR 1001 --Cobb Beautiful Roadways and Clean Commission; commend.....................1998 HR 1002 --Mitchell, Scott; commend..................................................................................l998 HR 1003 --Hays, Honorable Forest, Jr.; condolences.......................................................1998 HR 1004 --Phillips, Honorable L. L. "Pete"; condolences...............................................!998 HR 1005 --Gerring, John A.; commend...............................................................................!998 HR 1006 --House Child Support Study Committee; create ............................................2091 HR 1007 --Robinson, Honorable Cas; invite to House ................................2096, 2101, 2143 HR 1008 --Greer, Honorable John Wesley; commend......................................................2140 HR 1009 --Gann, Stan; commend ........................................................................................2142 HR 1010 --Thurston School; commend...............................................................................2142 HR 1011 --Acres, Harold R.; commend...............................................................................2142 HR 1012 --Owens, Jesse Ralph; condolences .....................................................................2142 HR 1013 --Huckaby, Reverend and Mrs. Worth; commend............................................2142 HR 1014 --Perdue, Tommy; commend................................................................................2143 HR 1015 --Daniel, Mary; commend.....................................................................................2143 HR 1016 --Chattooga County; 150th Anniversary; commend .........................................2143 HR 1017 --Searles, Stacey; commend..................................................................................2143 HR 1018 --Sellers-Smith Funeral Home, Inc.; commend.................................................2143 HR 1019 --White, Eileen B.; commend...............................................................................2143 HR 1020 --Lavender, Adam Clinton "Boots"; condolences .............................................2143 HR 1021 --Georgia Public Safety Memorial; urge support ...................................2143, 2400 HR 1022 --Leshaw, Gary and Carla Dudeck; commend...................................................2144 HR 1023 --House Cobb County Study Committee; create ..............................................2205
HR 1024 --Dickerson, Ms. Billie Bob; commend...............................................................2205
HR 1025 --Ramsey, Honorable Tom; admiration of flamingos; commend....................2205
HR 1026 --Strickler, Cyrus Warren, III; commend ...........................................................2205
HR 1027 --Greene, Honorable Gerald E.; commend.........................................................2206
HR 1028 --Unemployment Insurance; urge Congress to extend

2882

INDEX

coverage to certain employees ..................................................................2274 HR 1029 --DeKalb Teenage Pregnancy and Parenting Project; commend...................2274 HR 1030 --Mining Awareness Week; proclaim April 24-30 .............................................2274 HR 1031 --Young, Honorable Jim; commend ....................................................................2274 HR 1032 --Griffith, Joe Don; commend..............................................................................2274 HR 1033 --Harbin, Drew; commend ....................................................................................2274 HR 1034 --Georgia Chapter of the National
Neurofibromatosis Foundation; commend .............................................2274 HR 1035 --Byrd, Peggy T.; commend.................................................................................2274 HR 1036 --Riner, Barney; commend ...................................................................................2274 HR 1037 --Madison County High School girls basketball team; commend..................2274 HR 1038 --Stephenson, Paul; commend .............................................................................2275 HR 1039 --Student parking; urge Georgia Tech
to expand facilities ................................................................2275, 2446, 2666 HR 1040 --South Africa; urge Congress impose
economic sanctions ................................................................2275, 2665, 2665 HR 1041 --Forest Hays, Jr. Memorial Highway; urge
Department of Transportation designate..........................2275, 2446, 2667 HR 1042 --Griffin High School "Bears" basketball team;
commend.................................................................................2446, 2446, 2466 HR 1043 --Oliver, Honorable Mary Margaret; congratulate
on 40th birthday.........................................................................................2490 HR 1044 --State Defense Force; commend.........................................................................2492 HR 1045 --Madison County High School boys basketball team; commend .................2492 HR 1046 --Martin, Kathryn B.; commend .........................................................................2492 HR 1047 --Woods, Honorable Jake; commend ..................................................................2492 HR 1048 --DiNino, Joey; commend.....................................................................................2492 HR 1049 --Moye, William Arthur "Bill"; condolences .....................................................2493 HR 1050 --Candler Area Business Association; commend...............................................2493 HR 1051 --Kaplan, Alex Joshua; commend........................................................................2493 HR 1052 --Chambless, Mr. and Mrs. Sidney;
50th Wedding Anniversary; commend ....................................................2493 HR 1053 --Thomas, Ms. Renee; commend.........................................................................2493 HR 1054 --First African Baptist Church of Brunswick; commend ................................2493 HR 1055 --Darrisaw, Reverend G. E.; commend...............................................................2493 HR 1056 --Smith, Reverend Jimmy L.; commend............................................................2493 HR 1057 --Mosby, Mr. Nate; commend..............................................................................2493 HR 1058 --Taylor, Mrs. Ginger; commend.........................................................................2493 HR 1059 --Northwest Whitfield High School Lady Bruins; commend .........................2493 HR 1060 --Southeast Whitfield High School Raiders and Lady
Raiders basketball team; commend.........................................................2493 HR 1061 --Moore, Reverend George; commend ................................................................2494 HR 1062 --Royal Ark Masonic Lodge No. 574; commend ...............................................2494 HR 1063 --Prather, Mr. Ernest; commend.........................................................................2494 HR 1064 --Talford, Reverend John; commend..................................................................2494 HR 1065 --Blankenship, Verna Mae Taylor; commend ...................................................2494 HR 1066 --Wilkinson County Warriorettes basketball team; commend........................2494 HR 1067 --Chattooga County High School girls basketball team; commend ...............2494 HR 1068 --Atkins, Honorable William; commend.............................................................2494 HR 1069 --Hubbard, Thomas Howard, III; commend......................................................2576 HR 1070 --Claxton High School basketball team; commend ..........................................2576 HR 1071 --Westover High School basketball team; commend........................................2576
HR 1072 --Watkins, Mr. and Mrs. Emory; congratulate..................................................2588
HR 1073 --Steinberg, Honorable Cathey W.; commend...................................................2588
HR 1074 --Taylor County High School girls basketball team; commend .....................2641
HR 1075 --Nixon, Mary Ellen Caldwell; condolences.......................................................2665
HR 1076 --Pettys, Honorable Dick; commend...................................................................2668

INDEX

2883

HR 1077 --Jessup, Honorable Ben; commend ...................................................................2668 HR 1078 --Jackson, Honorable Neal; commend................................................................2668 HR 1079 --Transportation, Department of; urge action regarding
barrier on Memorial Drive........................................................................2668 HR 1080 --Roberts, Jacqueline; commend .........................................................................2669 HR 1081 --Peters, Honorable Robert G.; commend .........................................................2669

PART IV
SENATE BILLS IN HOUSE
SB 1 --Torts; amend provisions ...........................................................................No Action SB 3 --Public officials and employees; political activities ...............................No Action SB 5 --Sexual offenses; age of consent................................................................No Action SB 7 --Superior court clerks and spouses;
retirement benefits.............................498, 500, 542, 1314, 1722, 2273, 2577 SB 15 --Probate Courts Retirement Fund;
increase benefits .................................498, 500, 542, 1314, 1722, 2273, 2577 SB 16 --Landlords; cable television service;
certain prohibitions..........................................................................No Action SB 19 --Human Resources; Aid to Families with Dependent Children;
certain adopted children .................................................................No Action SB 20 --Juvenile court; jurisdiction.......................................................................No Action SB 21 --State employees; overtime pay; certain exceptions..........................108, 109, 161 SB 28 --State employees; injured in line of duty;
compensation ......................................246, 409, 958, 1438, 1522, 2061, 2088 SB 29 --Motor vehicles; seat belts; minors ...........................................................No Action SB 32 --Gwinnett Judicial Circuit; add judge......................................................No Action SB 37 --Special license plates; Shriners................................................................No Action SB 40 --Worker's compensation; persons delivering newspapers;
exclude ...............................................................................................No Action SB 46 --Civil actions; deposition; record at own expense..................................No Action SB 51 --Property; processioning of boundaries;
procedures ................................................................877, 879, 907, 1385, 2014 SB 52 --Deceptive practice; false reasons for
seminar or meeting ..........................................................................No Action SB 63 --Adoption; provide information regarding birth parents......................No Action SB 64 --Motor vehicles; seat belts; requirement .................................................No Action SB 70 --Georgia Coroner's Training Council; membership................................No Action SB 73 --Arbitration; general provisions......................................................!741, 2004, 2227 SB 74 --Baldwin County; board of commissioners; election..............................No Action SB 87 --Employees' Retirement System; Fulton County; board
of health; membership...........................1143, 1146, 1175, 2273, 2578, 2686 SB 89 --Juvenile courts; program of state subsidies...........................................No Action SB 90 --School buses; lights; requirement............................................................No Action SB 93 --Hancock County; deputy sheriffs; personnel.........................................No Action SB 98 --Dentures; certain markings............................................................H67, 1999, 2227 SB 99 --Habeas corpus; death sentence challenge;
transfer....................................................................................1245, 1341, 1519 SB 100 --Appeal or pretrial review; death penalty;
procedures ....................................................................1501, 2000, 2070, 2271 SB 102 --Counties; employment benefits; provide ................................................No Action SB 109 --Controlled substances; manufacture;
amend provisions.........................................................l875, 2302, 2656, 2671

2886

INDEX

SB 117 --Driver's license; written examination; date requirement........................................................................................1501
SB 118 --Highways; property acquisition; future purposes .................................No Action SB 124 --State employees; sick leave; amend provisions....................................!386, 2314,
2602, 2660, 2660, 2677, 2677 SB 127 --State employees; on call time; compensation ...................................108, 109, 161 SB 128 --Peace Officers' Annuity and Benefit Fund;
surviving spouse; benefits ...............................................498, 501, 542, 1314, 1722, 2273, 2580, 2686
SB 129 --Employees' Retirement; options pertaining to spouse; amend........................................498, 501, 542, 1314, 1722, 2273, 2582, 2687
SB 134 --Insurance; certain annual reports; requirement....................................No Action SB 137 --Employers; fire hazards in workplace;
notify firelighters .............................................................................No Action SB 141 --Alcoholic beverages; furnish to minors;
municipal court jurisdiction ...........................................................No Action SB 147 --Juvenile courts; certain traffic or
waterways offense; jurisdiction ......................................................No Action SB 150 --Motor vehicles; persons attempting to elude police;
penalty ...............................................................................................No Action SB 155 --Peace officers; minimum salary ...............................................................No Action SB 158 --Public sales; time for holding..............................................................440, 443, 487 SB 171 --Bailments; garage and parking lots; security
requirements .....................................................................................No Action SB 174 --Milledgeville, City of; change corporate limits......................................No Action SB 176 --Law libraries; costs collected in recorder's court..................................No Action SB 178 --Peace Officers' Annuity and Benefit Fund;
certain Human Resources employees.............................498, 501, 542, 2273 SB 182 --Military duty; public officials and employees;
compensation ....................................................................................No Action SB 194 --Magistrate courts; election of chief magistrate.....................................No Action SB 195 --Magistrate courts; bad checks; jurisdiction ...........................................No Action SB 197 --Magistrate; minimum salary................................624, 625, 669, 1954, 2376, 2393,
2465, 2491, 2539, 2673, 2688 SB 201 --Magistrate courts; extradition;
jurisdiction....................................................................2218, 2597, 2660, 2675 SB 204 --Fulton County; purchasing procedure ....................................................No Action SB 207 --Torts; independent contractor; employer's liability .............................No Action SB 209 --Cocaine or crack; trafficking; penalty................................2231, 2334, 2391, 2636 SB 211 --Ad valorem tax; preferential assessment;
date of application ...........................................................................No Action SB 212 --Atlanta, City of; municipal court; change provisions...........................No Action SB 221 --Public School Employees' Retirement;
creditable service.....................................................499, 501, 542, 2273, 2584 SB 232 --Georgia Educational Reinvestment Act for Aid to
Families with Dependent Children; enact....................................No Action SB 245 --Clarke County Airport Authority; create..............................................!663, 1730,
1741, 1876, 1969 SB 247 --Garnishment; hourly or weekly wages;
continuing proceedings................................................................................161 SB 248 --Landlords; furnish utilities to tenants;
prohibit suspension ........................................203, 203, 259, 544, 2071, 2228
SB 249 --Teachers Retirement; 30 years service; definition ...........................749, 752, 854
SB 253 --Fulton County; state and magistrate courts;
special fund.......................................................................................No Action
SB 255 --Wills; property; spouse receive maximum
marital deduction.............................................................................No Action

INDEX

2887

SB 258 --Griffin Judicial Circuit; add judge ..........................................................No Action SB 259 --Torts; wrongful death of parent; action by child..................................No Action SB 260 --Death certificates; physician's assistant's signature.............................No Action SB 285 --Drugs; sales of complimentary samples; prohibitions ..........................No Action SB 290 --County boards of health; certain activities;
regulate by Agriculture Department .............................................No Action SB 292 --Physical Therapy, Board of; ethics and standards...............................No Action SB 300 --Insurance; authority to contract; guardian for certain
beneficiary .........................................................................................No Action SB 302 --Corporations; directors, officers, employees or
agents; indemnification and expenses...........................................No Action SB 305 --Probate court judges; minimum salary...................................................No Action SB 311 --Special license plates; State Defense Force ...........................................No Action SB 315 --Emergency medical services; amend provisions....................................No Action SB 316 --Public school employees health insurance;
coverage for certain retired persons..............................................No Action SB 317 --Driving under the influence; standards for
chemical tests....................................................................................No Action SB 318 --Advisory Commission on Programs for
the Blind; create....................................................................1828, 2585, 2687 SB 334 --Appalachian Judicial Circuit; add judge.........................305, 306, 437, 908, 1975 SB 342 --Hospital Authorities Law; definition of project;
include every type insurance ..........................................................No Action SB 343 --Torts; visual or sound broadcast; defamatory statements...................No Action SB 344 --Special license plates; Savannah State College .....................................No Action SB 345 --Lobbyists; certain written authorization................................................No Action SB 352 --Public schools; sex education course; standards .............................580, 583, 620,
2308, 2590, 2687 SB 359 --Georgia War Veterans Cemetery; establish .............................................567, 1793 SB 365 --Elections; driver's license examiners;
deputy registrars..........................................................l403, 1407, 1501, 1828 SB 367 --Health; consent to medical treatment ......................................499, 501, 542, 560,
1741, 1972, 2230, 2371, 2492, 2538, 2650, 2688 SB 370 --Teachers retirement; certain public school employees;
membership ..................................................................................749, 752, 854 SB 371 --Private Colleges and Universities Authority Act;
proceeds of bonds; student loans.............................................................2076 SB 373 --Criminal records; purged from original agency .....................................No Action SB 388 --Judicial circuits; habeas corpus clerks;
requirements.................................................................................956, 959, 980 SB 393 --Mountain Protection Act; enact ...............................................581, 583, 620, 2676 SB 394 --Open meetings; amend provisions.....................................................108, 109, 161,
1746, 1795, 2211, 2212 SB 395 --Trusts; certain trustee powers;
amend provisions .........................................................................499, 501, 542 SB 396 --Civil practice; jurisdiction over
certain nonresidents............................................................499, 502, 542, 975 SB 397 --Pharmacy, State Board; advertising drug prices..............................877, 879, 907 SB 400 --Arts Development Fund; establish.....................................................877, 879, 907 SB 401 --Firearms; discharging near highways;
amend provisions.........................................................................203, 203, 259 SB 402 --Absentee ballots; change of
address notification ........................................581, 584, 620, 980, 1792, 2087
SB 403 --State employees; certain dismissal .....................................................877, 879, 907
SB 404 --Electors; change of address;
requirements....................................................581, 584, 620, 980, 1991, 2227
SB 405 --Voter registration; marriage license

2888

INDEX

acceptable for identification....................................581, 584, 620, 980, 1990 SB 406 --State employees; night shift duty;
salary supplement........................................................................878, 879, 907 SB 407 --Absentee ballots; application; certain
age requirement....................................581, 584, 620, 980, 2378, 2602, 2691 SB 408 --Municipalities; residency requirements;
nonjudicial offices.......................................................................581, 584, 620, 980, 2016, 2090, 2301, 2400
SB 409 --County officials; filling of vacancies...................................................................272, 273, 300, 1875, 2003
SB 410 --State employees; refusal of polygraph examination; prohibit dismissal...........................................l253, 1255, 1313
SB 411 --Council of Probate Court Judges of Georgia; establish.....................................272, 273, 300, 1501, 1851, 2087
SB 412 --Probate courts; provide copies of Official Code of Georgia .........................272, 273, 300, 1501, 1817, 2087
SB 413 --Probate judges; training expenses; reimbursement ..............................................272, 274, 300, 1501, 1819, 2087
SB 414 --Absentee ballots; absentee registration; extend time ................................................................581, 584, 620, 980, 2667
SB 417 --State Patrol; escort and security services; athletic events .....................................272, 274, 300, 622, 696, 751
SB 418 --Hart County; new board of commissioners; create;.............................................................68, 68, 89, 856, 858, 1740, 2151
SB 419 --Attorney General; remove from membership on certain commissions or boards .....................272, 274, 300, 908, 1262, 1519
SB 420 --Sanitarians; regulation..........................................................................499, 502, 542 SB 421 --Pregnancy; payment of lost wages
to expectant mother ....................................................................440, 443, 487 SB 422 --Adoption; special needs children; payment
to certain agencies.......................................................................441, 443, 487 SB 423 --Athlete agents; regulation...........................................................497, 502, 542, 596,
1386, 1819, 1843, 2227 SB 424 --Private colleges; tuition equalization
grants; full-time student..............................673, 674, 706, 1125, 1378, 1520 SB 429 --Misdemeanors; punishment;
amend provisions...............................................................546, 548, 566, 1386 SB 430 --Criminal Justice Coordinating
Council; add member .............................................497, 502, 542, 1029, 1207 SB 431 --Victims of crime; certain assistance ..............................498, 502, 542, 1741, 1990 SB 432 --Council of State Court Judges
of Georgia; create ......................................................624, 625, 669, 975, 1266 SB 434 --Probation; maximum duration of any period;
requirements .......................................498, 502, 542, 1386, 2381, 2548, 2687 SB 435 --Public records; certain privileges
and statutory exemptions.....................................272, 274, 300, 2076, 2133, 2232, 2254, 2392, 2407, 2681, 2688
SB 437 --State Mapping Advisory Board; create.............................................546, 548, 566, 1030, 1727, 1795, 1943
SB 438 --Interlocal risk management agencies; boards of education......................................624, 626, 669, 1602, 1778, 1968
SB 440 --Grain dealers; certain documents;
investigations .............................................................441, 443, 487, 542, 1224
SB 441 --Warehouses; licensing ........................................................441, 443, 487, 542, 1787
SB 442 --Abandoned motor vehicles;
notification...................................................984, 986, 1028, 1501, 1783, 1968
SB 445 --Macon County; vehicle registration;

INDEX

2889

designated periods..............................................l63, 163, 200, 205, 856, 876 SB 449 --Tiger swallowtail; state butterfly;
designate.......................................................................441, 444, 487, 855, 923 SB 453 --Solid waste disposal sites;
restrict permits ...................................714, 715, 745, 1603, 1755, 1791, 1815 SB 458 --National Guard; certain persons;
special license plates ....................................749, 752, 854, 2147, 2308, 2400 SB 462 --Emergency medical technicians; utilize
automatic defibrillators .........................1403, 1407, 1501, 1828, 2278, 2401 SB 463 --County officials; cost-of-living
adjustments .....................................................582, 585, 620, 642, 1385, 1857 SB 470 --Criminal procedure; satisfaction of fines
by community service.............................................956, 959, 980, 1384, 1737 SB 471 --Death penalty; persons present at
execution; amend provisions ...................................546, 548, 566, 949, 1207 SB 472 --Commissioner of Corrections; authority
to make contracts ...........................................546, 548, 566, 949, 1822, 1968 SB 473 --Workers' Compensation; certain employees
of Department of Corrections .................................749, 753, 854, 949, 1758 SB 475 --Community Affairs, Department of; continuation...........................547, 548, 566
707, 936, 959, 1021, 1051, 1238, 1572, 1620 SB 476 --County correctional institutions; confer
police powers upon wardens....................................547, 549, 566, 949, 1754 SB 479 --Housing authority; multifamily rental
units; eligibility ...............................................625, 626, 669, 771, 1030, 1757 SB 482 --Seat belts; requirement ........................................................................547, 549, 566 SB 484 --Emergency Telephone Number 911 Service;
fees ..............................................................................710, 715, 745, 948, 1872 SB 485 --County tax officials; appointment
of chief deputy ........................................................582, 585, 620, 1247, 1782 SB 490 --Income tax; employment security; collection
of certain debts .......................................................749, 753, 854, 1387, 1738 SB 491 --Employment Security; false representation;
penalty ......................................................................749, 753, 854, 1029, 1781 SB 492 --Trial without jury; consent
of both parties.................................................673, 675, 706, 908, 1223, 1327 SB 494 --Grand juries; written response;
recommendations.................................................................625, 626, 669, 908 SB 495 --Workers' compensation benefits; injured employee;
certain misconduct .................................1403, 1407, 1501, 2073, 2554, 2687 SB 499 --Medical Examiners, State Board; Physician's Assistants
Advisory Committee; compensation.....................625, 626, 669, 2494, 2656 SB 500 --Jails; construction near schools;
requirements ............................................................710, 715, 745, 1713, 2206 SB 501 --Superior Court Judges' Retirement; board of
trustees; amend provisions .........................................................547, 549, 566 SB 502 --Brunswick Port Authority; transfer property
to Georgia Ports Authority......................................547, 549, 566, 949, 1105 SB 503 --Submerged cultural resources; regulations;
Board of Natural Resources..................................714, 715, 745, 1603, 1856 SB 504 --Brunswick Port Authority; transfer property
to Georgia Ports Authority......................................547, 549, 566, 949, 1106
SB 505 --Special license plates; Georgia College ............................................984, 987, 1028
SB 506 --Macon County; abolish state court and transfer civil
and criminal cases to superior court........................441, 444, 487, 909, 911
SB 507 --Schley County; tax commissioner;
compensation...........................................................441, 444, 487, 1386, 1390

2890

INDEX

SB 508 --Voter registration; certain school officials........................................625, 626, 669, 844, 980, 1994
SB 510 --Bankruptcy; certain property or retirement funds; exemption ....................................1143, 1147, 1175, 1954, 2100, 2228
SB 511 --Crimes; false identification documents; manufacture, sell, or distribute.....................................H43, 1147, 1175, 1829, 2276, 2401
SB 513 --Juries; certain hearing impaired persons serve as jurors..........................................................1181, 1183, 1244
SB 516 --Court bailiffs; compensation.................................673, 675, 706, 1384, 1863, 1969 SB 518 --Low-Level Radioactive Waste Management
Compact; withdrawal..............................................750, 753, 854, 1603, 1850 SB 527 --County boards of health; certain
services; fees.............................................................710, 715, 745, 1602, 1782 SB 528 --Local boards of education; membership;
qualifications ................................................................................878, 879, 907 SB 529 --Promotional giveaways or contests;
delete certain provisions.................................................984, 987, 1028, 1049 SB 531 --Counties and municipalities; solid waste collection;
regulation................................................................................1143, 1147, 1175 SB 532 --Fulton County; boards of health; benefits .................................1144, 1147, 1175,
2214, 2279, 2334, 2364, 2392, 2466 SB 533 --Fulton County; alternative tax deferral
for the elderly..........................................................916, 917, 948, 1603, 1849 SB 535 --Pierce County; school superintendent;
appointment.................................................................443, 444, 487, 544, 546 SB 536 --Electric membership corporations; directors'
duties; liabuity.........................................................710, 715, 745, 1029, 1206 SB 537 --Cobb County; bond proceeds;
requirements......................................................1181, 1183, 1244, 1875, 1975 SB 538 --Insurance; agent-company contract;
cancellation.............................................................................1517, 1520, 1607 SB 540 --Motor vehicle insurance; regulating
value; total loss claims......................................................750, 753, 854, 1168 SB 542 --Atlanta; traffic court; jurisdiction.......................................................674, 675, 706 SB 544 --Carnival Ride Safety Act; amend ........................956, 960, 980, 1029, 1738, 1842 SB 545 --Driver's license; notification of
suspension; fees .......................................................710, 716, 745, 1501, 2598 SB 546 --Jails; grants to municipal corporations
and counties...............................................................674, 675, 706, 949, 1730 SB 547 --Board of Workers' Compensation; executive director;
ex officio member of trustees................................750, 753, 854, 1741, 1895 SB 548 --Indigent Defense Act; distribution
of state funds ...............................................................................878, 880, 907 SB 549 --Grandparents; visitation rights; file an
original pleading ....................................................................1325, 1328, 1383 SB 550 --State Board of Registration for Foresters;
appointment..................................................750, 754, 854, 1384, 1724, 2088 SB 551 --Hunting; bag limit for deer;
amend provisions .......................................................................985, 987, 1028 SB 553 --Public officials; method of determination
of compensation .....................................................................1043, 1045, 1123 SB 554 --Special license plates; LaGrange College.........................................985, 987, 1028
SB 555 --Flea markets; regulate merchants.....................................................985, 987, 1028
SB 556 --Bad check; party initially receiving;
prosecution...............................................................750, 754, 854, 1829, 2096
SB 557 --Tattoos; persons under 18; certain
prohibitions ........................................................................750, 754, 854, 1829

INDEX

2891

SB 558 --Service marks; counties and municipalities; registration.........................................................1404, 1407, 1501, 2073, 2108
SB 559 --Motor vehicle insurance; damaged safety equipment; coverage for certain repairs .............................................710, 716, 745, 2214
SB 560 --Witness intimidation; define offense..................................................878, 880, 907 SB 561 --Controlled substances; deposit seized currency
in interest-bearing account .........................710, 716, 745, 1029, 2374, 2687 SB 562 --Public Safety; certain records; admissible
evidence....................................................................711, 716, 745, 1176, 1990 SB 563 --Death penalty; offense against persons
under 17 ..............................................................................711, 716, 745, 1245 SB 564 --Campaign financial disclosure; certain candidates..............................1404, 1407,
1501, 1746, 1802, 1885, 2116, 2213, 2328, 2338 SB 565 --Rockdale County; state court; terms .................................580, 585, 620, 707, 708 SB 566 --Conyers-Rockdale County Charter
Commission; create.....................................................580, 585, 620, 707, 708 SB 569 --Small minority business development
corporations; create.............................................................625, 626, 628, 669 SB 570 --Nuisances; treatment of agricultural operations;
amend provisions...........................................673, 675, 706, 706, 1855, 1861, 1944, 2014, 2070, 2229, 2336
SB 571 --Warehouse receipts; computer signatures; authorization................................................................................957, 960, 980
SB 573 --Advanced emergency medical technician; definition...........................................................1517, 1520, 1607, 1828, 2101, 2215, 2286, 2334, 2365, 2465, 2589, 2610, 2688
SB 574 --Handicapped parking; change color of permits.....................................................985, 987, 1028, 1501, 1730, 1842
SB 575 --Fair Business Practices; certain telephone solicitation; requirements ...............................1326, 1328, 1383, 1608, 1898, 2095, 2109, 2214, 2272, 2540
SB 576 --Child Health Services Act; create.....................................................................................711, 716, 745, 907
SB 577 --Downtown development authorities; include certain hospitals and nursing homes.................................878, 880, 907, 1167, 1897
SB 578 --Motor vehicle insurance; accident; claim against party at fault...........................................H44, 1147, 1175, 1860, 2295, 2401
SB 582 --Apportionment; Senate Districts 15 and 16.............................................711, 717, 745, 903, 1049
SB 585 --Law enforcement officer; person giving false information; penalty .........................................................957, 960, 980, 1829
SB 586 --Firearm possession; off-duty peace officers...........................................ll44, 1147, 1175, 2073, 2201, 2400
SB 587 --Highways; turn-only lane; distance requirement......................................................................................957, 960, 980
SB 588 --Education; comprehensive evaluation of school systems.........................................1253, 1255, 1313, 1828, 2169, 2228
SB 589 --Consumer warranty agreements; guaranteed by certain insurers..................................................l616, 1660, 1712, 2073, 2143
SB 590 --Gwinnett County; magistrate court; law library fees........................................................709, 717, 745, 1829, 2272
SB 593 --Advisory Commission on Programs for the
Hearing Impaired; create............................................................878, 880, 907
SB 594 --Alligators; hunting regulations .....................................985, 988, 1028, 1860, 2095
SB 595 --Teachers; transfer employment from Central
State Hospital; benefits....................................................957, 960, 980, 1161
SB 597 --Hazardous Waste Management Authority;

2892

INDEX

limit certain liability ....................................959, 960, 980, 1954, 2383, 2687 SB 599 --Crimes; conversion of leased property;
punishment..............................................H44, 1148, 1175, 1741, 1896, 2089 SB 601 --Health insurance; individual policy;
requirements......................................................1616, 1660, 1712, 2073, 2381 SB 602 --Fulton County; jury clerks;
appointment .................................................................................957, 961, 980 SB 603 --Irwin County; board of commissioners;
membership..............................................................748, 754, 854, 1031, 1040 SB 604 --Health insurance; human heart
transplants; coverage........................................1253, 1256, 1313, 2073, 2099 SB 607 --Lincoln County; chief magistrate;
appointment.............................................................956, 961, 980, 1315, 1322 SB 608 --Handicapped parking; renovation of
facility; certain spaces................................985, 988, 1029, 1860, 2145, 2400 SB 610 --Property; writ of possession;
form of summons.........................................................l404, 1407, 1501, 1829 SB 611 --Ad valorem tax; municipal development
authorities..........................................................1181, 1184, 1244, 2074, 2211 SB 612 --Child custody; age to select parent..............................................1253, 1256, 1313 SB 614 --criminal procedure; weapons; disposition
of seized property ........................................................................957, 961, 980 SB 615 --Municipal elections; primaries; agent qualify
on behalf of candidate...........................1043, 1045, 1123, 1951, 2641, 2688 SB 616 --Cobb Judicial Circuit; judges'
supplement.........................................................l044, 1045, 1123, 2077, 2078 SB 617 --Local governments; officers or employees;
prohibited sales of property.................................................H44, 1148, 1175 SB 618 --State government; purchasing;
timely payment .................................................1181, 1184, 1244, 1829, 2202 SB 621 --Abortion; parental notification;
signed statement..............................................1404, 1408, 1501, 1875, 2300, 2540, 2589, 2616, 2640, 2650, 2661, 2689
SB 623 --Clayton, City of; city elections; date .............................956, 961, 980, 1502, 1511 SB 624 --Ocmulgee Judicial Circuit; district attorney's
salary; supplement..................................H44, 1148, 1175, 1713, 1716, 1842 SB 625 --Municipal elections; terms of officers elected
in 1990; amend provisions.....................!253, 1256, 1313, 1607, 2385, 2552 SB 629 --Jail Construction and Staffing Act; enact...................................H81, 1184, 1244 SB 630 --Counties and municipalities; electronic security
systems; prohibitions..............................H81, 1184, 1244, 1603, 1738, 1842 SB 631 --Baldwin County; state court; judge and
solicitor; compensation.....................................!326, 1329, 1383, 1955, 1959 SB 635 --Captive insurance companies;
regulations ...............................................1253, 1256, 1313, 1712, 1863, 2088 SB 638 --Teachers; grievance procedures;
8tandards..................................................l253, 1256, 1313, 2308, 2482, 2688 SB 639 --LaFayette, City of; corporate limits........................1144, 1148, 1175, 1386, 1390 SB 640 --Child abuse protocol committee;
composition..............................................!326, 1329, 1383, 1954, 2144, 2401 SB 641 --Mental health; child or adolescent screening
program; requirements...........................!657, 1662, 1712, 2073, 2203, 2228
SB 642 --Georgia Dairy Act; amend.........................................l517, 1520, 1607, 1827, 2287
SB 643 --Wilkes County; coroner's salary....................................................1180, 1184, 1244
SB 645 --Cobb County Community Improvement Districts;
definition ............................................................1251, 1256, 1313, 1386, 1391
SB 647 --Crimes; fraudulent purchasing of residential

INDEX

2893

property....................................................l517, 1520, 1607, 1954, 2286, 2401 SB 648 --Fair Business Practices; mortgage debt
assistance; prohibitions..........................l517, 1520, 1607, 2214, 2587, 2691 SB 649 --Asbestos; removal from certain buildings;
actions ......................................................1617, 1661, 1712, 1954, 2092, 2228 SB 651 --First offenders; certain convictions; weapons
prohibitions; exclusions .........................1657, 1662, 1712, 2073, 2198, 2401 SB 652 --Alcovy Judicial Circuit; court reporters;
compensation ................................1324, 1329, 1383, 1496, 1609, 1615, 1754 SB 653 --Hapeville, City of; ad valorem tax;
homestead exemption.......................................!615, 1661, 1712, 2077, 2080 SB 655 --Fulton County; medical examiner;
powers.................................................................!615, 1661, 1712, 2218, 2219 SB 656 --Pierce County; tax commissioner;
compensation.....................................................1324, 1329, 1383, 2218, 2219 SB 657 --Cobb County; superior court clerk and deputy
clerk; compensation................................!324, 1329, 1383, 2218, 2220, 2688 SB 658 --Motor vehicle insurance; prohibit adding or
stacking certain coverage......................................................!617, 1661, 1712 SB 659 --Seminole County; repeal Act providing for
compensation of the treasurer........................1402, 1408, 1501, 1713, 1716 SB 660 --Seminole County; abolish office of
county treasurer................................................1402, 1408, 1501, 1713, 1716 SB 661 --Macon-Bibb County Water and Sewerage Authority
Employees' Pension Plan; amend provisions..............................1402, 1408, 1501, 1955, 1960
SB 665 --Child abuse; protection for employees reporting ..............................................................1657, 1662, 1712
SB 666 --Lithonia, City of; mayor and council; vacancies............................................................,1402, 1408, 1501, 2388, 2389
SB 667 --Solid Waste Management Act; amend.......................................................1406, 1408, 1501, 1954, 2306, 2400
SB 669 --Jones County; board of commissioners; purchases and bids.................................1616, 1661, 1712, 1746, 1748, 2088
SB 670 --Jones County; board of commissioners; lease certain property.......................................!616, 1661, 1712, 1955, 1960
SB 671 --Cobb County; probate court; judge and clerk; compensation..........................................1616, 1662, 1712, 1829, 1832
SB 672 --Troup County; board of commissioners; meetings..............................................................!616, 1662, 1712, 1955, 1960
SB 674 --Lumpkin County; homestead exemption; elderly.................................................................1657, 1662, 1712, 2218, 2222
SB 675 --Madison, City of; corporate limits ...........................1657, 1663, 1712, 1955, 1960 SB 676 --Gordon County; board of registrations
and elections; provide...........................................................1658, 1663, 1712 SB 677 --Fannin County; probate court;
judge's election..................................................1658, 1663, 1712, 2676, 2676 SB 678 --Gilmer County; board of commissioners;
create...................................................................!658, 1663, 1712, 2077, 2078 SB 679 --Gilmer County; board of education;
election................................................................!658, 1663, 1712, 2077, 2079 SB 680 --Cobb County; state court; judges of second;
division; compensation...........................!749, 1754, 1827, 2218, 2221, 2400
SB 681 --Pierce County; school superintendent;
appointment.......................................................!749, 1754, 1827, 2218, 2222
SB 682 --Fannin County; chief magistrate;
election................................................................!962, 2072, 2076, 2676, 2676

2894

INDEX

SB 683 --Gordon County; superior court clerk; probate court judge; salary............................................................................2089, 2094, 2217
SB 684 --Cobb County; magistrate court; qualifications......................................................2089, 2094, 2217, 2388, 2389
SB 685 --Cherokee Judicial Circuit; district attorney; supplement........................................2090, 2094, 2217, 2388, 2389
SB 686 --Cherokee Judicial Circuit; assistant district attorney; employment.............................................2090, 2094, 2217
SB 687 --DeKalb County; chief magistrate; election....................................................................................2090, 2094, 2217
SB 688 --Gilmer County; school superintendent; election................................................................2090, 2094, 2217, 2388, 2390

PART V
SENATE RESOLUTIONS IN HOUSE
SR 6 --Revenue bills; originate in either House of General Assembly - CA..............................................................No Action
SR 7 --General Assembly members; term of office - CA....................................714, 766, 1707, 1721
SR 11 --Ad valorem tax; inventories; assessment date - CA.............................No Action SR 22 --Circuit-wide grand juries; provide - CA.................................................No Action SR 23 --Arts Development Fund; create - CA.....................................................No Action SR 79 --Joint Government Competition with Private
Enterprise Study Committee; create.............................................No Action SR 117 --Parents Without Partners Month; designate March............................No Action SR 163 --Albert "Al" Holloway Labor Building; designation...................!713, 1806, 1969 SR 243 --Notify House of Representatives
that Senate has convened.......................................................................43, 43 SR 245 --Hill Wilbanks Memorial Bridge;
designate.............................................................H83, 1184, 1244, 1315, 1416 SR 247 --Certain commissions; remove Attorney
General from membership - CA.............................305, 306, 437, 908, 1266 SR 260 --Adjourn 1/15/88; reconvene 1/25/88...............................................................53, 53 SR 264 --Joint Study Committee on Area Planning and Development
Commissions; create.....................................582, 585, 620, 1722, 1872, 2229 SR 265 --National Register of Historic Places; transfer of
property; taxation - CA.............................986, 988, 1029, 1955, 2193, 2228 SR 267 --State government; sovereign
immunity - CA..............................................623, 627, 669, 1314, 1732, 1842 SR 270 --Commissioner of Education; appointment by
State Board of Education - CA............................674, 675, 706, 1245, 1653 SR 272 --Task Force on Community Dialysis Centers;
urge creation......................................................................624, 627, 669, 1167 SR 274 --Victims of crime; compensate - CA...............................917, 917, 948, 2217, 2595 SR 276 --"Good Eating in Georgia" menu; relative to.............................................108, 184 SR 277 --Baldwin County; grant easement to construct
115 kV transmission line .......................................442, 444, 487, 1246, 1820 SR 278 --Baldwin County; grant easement; overhead
transmission tap line..............................................442, 444, 487, 1246, 1821 SR 282 --Paulding County; grant easement to construct
lightguide cable .......................................................442, 444, 487, 1246, 1411 SR 295 --Mortgage revenue bonds; urge Congress
to extend date for issue .........................................713, 717, 745, 2553, 2659 SR 296 --Mitchell, Margaret; apartment
house home; preservation ......................................752, 754, 854, 1030, 1236 SR 298 --Professional Practices Commission;
create code of ethics..............................................................!255, 1257, 1313 SR 300 --Commission on Criminal Sanctions and

2896

INDEX

Correctional Facilities; create .................................582, 585, 620, 949, 1735 SR 301 --Georgia State University Library;
depository for certain records....................................................752, 754, 854 SR 316 --Joint Study Committee on Automobile
Insurance; create..........................................................................713, 717, 745 SR 320 --Morrow High School football team and
Coach Bud Theodocion; commend....................................................442, 520 SR 323 --Public officials; method of determination
of compensation - CA...........................................................1044, 1045, 1123 SR 347 --County jails; construction;
certain fees - CA.........................................986, 988, 1029, 1501, 1852, 2087 SR 350 --Indigent Care Trust Fund;
create - CA...............................................1328, 1329, 1383, 1602, 1872, 2089 SR 354 --Georgia Veterans Day Parade Association
of Atlanta; commend...........................................................................713, 795 SR 356 --Arthur T. Bacon Bridge; designate..............................986, 988, 1029, 1315, 1430
SR 360 --Joint Study Committee on Aging; create...................................................................!752, 1754, 1827, 1828, 2192
SR 367 --Gordon County; convey property.............................!406, 1408, 1501, 1713, 1971 SR 376 --James G. Connell Bridge; designate........................1328, 1329, 1383, 1502, 1723 SR 396 --Local governments; increased expenditures effective
in January following enactment - CA......................1519, 1521, 1607, 1989 SR 406 --Adjourn 2/19/88, reconvene 2/22/88; adjourn 2/26/88,
reconvene 2/29/88; adjourn 3/4/88, reconvene 3/7/88..............................................................................1270, 1293 SR 415 --Joint Cobb County Study Committee; create.............................!968, 2072, 2076
SR 417 --Joint Public Safety Study Committee on Communications; create ............................................................2086, 2091
SR 418 --Georgia Public Safety Memorial; supporting........................................2086, 2143 SR 423 --Tobacco export to South Korea;
relative to ...........................................................2013, 2072, 2072, 2076, 2287 SR 501 --Amending SR 406; relative to adjournment..........................................2323, 2329 SR 509 --Adjourn Sine Die.......................................................................................2680, 2685